W M Johnson Pty Ltd v Maxwelton (Oaklands) Pty Ltd

The appeal concerned a dispute between W M Johnson Pty Ltd (the appellant) and Maxwelton (Oaklands) Pty Ltd (the respondent) regarding the sale of goods. The primary issue revolved around the warranty of merchantability implied by section 71(1) of the *Trading Practices Act*. The appellant sought to challenge the findings of unmerchantability and the assessment of damages made in the lower court.

The court was required to determine whether the findings of unmerchantability in relation to the goods sold were erroneous and whether the assessment of damages awarded to the respondent was correct. The appellant contended that the lower court had made errors in these respects, thereby seeking to overturn the original decision.

The court upheld the finding of unmerchantability, finding no error in the lower court's assessment of damages. The judges applied the principles of the *Trading Practices Act* concerning the implied warranty of merchantability, concluding that the goods did not meet the required standard. The appeal did not raise any question of principle that warranted intervention.

Consequently, the appeal was dismissed, and the appellant was ordered to pay the respondent's costs.