Tre Cavalli Pty Ltd v Berry Rural Co Operative Society Ltd

Tre Cavalli Pty Ltd appealed to the New South Wales Court of Appeal against a decision of the primary judge concerning a dispute over the sale of cattle vaccine. The respondent, Berry Rural Co Operative Society Ltd, had supplied the vaccine to Tre Cavalli, which alleged that the vaccine was contaminated at the time of sale and therefore of unmerchantable quality, causing loss to its cattle.

The Court of Appeal was required to determine whether the primary judge had erred in finding that the vaccine was not of merchantable quality at the time of supply. Further, the Court considered whether the primary judge had made an error in assessing the measure of damages, specifically by not making further allowances for the appellant's losses. The Court also had to consider whether additional reasons provided by the primary judge were matters of substance that could be taken into account.

The Court of Appeal dismissed the appeal, upholding the primary judge's findings. The reasoning focused on the evidence presented regarding the contamination of the vaccine and the assessment of damages. The Court applied principles of contract law concerning the sale of goods, particularly the implied condition of merchantable quality. The Court found no error in the primary judge's assessment of the evidence or the application of legal principles to the facts.

Consequently, the appeal was dismissed, and Tre Cavalli Pty Ltd was ordered to pay the respondent's costs.