Townsend v BBC Hardware Ltd

The case of Townsend v BBC Hardware Ltd was heard in the court where the respondent alleged that he was injured due to the defect in a saw provided by the appellant, BBC Hardware Ltd. The respondent sought damages for the injuries sustained and the appellant counterclaimed. The primary judge found that the appellant had a duty to ensure the saw was fit and safe and concluded that the respondent was entitled to damages. The appellant appealed against the decision, arguing that there was no implied obligation on their part to ensure the saw's safety and that the damages awarded were excessive. The court was required to determine whether the primary judge was correct in finding an implied term of the contract and if the damages awarded were appropriate.

The court found that there was no implied obligation on the part of the appellant to ensure the saw was fit and safe. The court reasoned that the contract between the parties was for the supply of services and did not include a warranty of fitness for purpose. The court also found that the primary judge erred in not finding an implied term of the contract that the respondent was required to report the defective saw to the appellant. The court held that the primary judge was correct in finding that the respondent was entitled to damages, but the amount awarded was excessive. The court found that the award for pre-trial loss of income, interest, and superannuation was not supported by the evidence and reduced the award accordingly.

The court allowed the appeal and substituted the sum of $292,173.53 together with costs to be assessed on an indemnity basis. The respondent was also ordered to pay half the appellant's costs of this appeal to be assessed. The court found that the primary judge's assessment of contributory negligence was not manifestly too low and that the general damages award was not manifestly excessive. The court found that the primary judge's assessment for pre-trial loss of income, interest, and superannuation award was not supported by the evidence and reduced the award accordingly.