Zdravko Aleksic v Goodyear Tyre and Rubber Co (Aust) Ltd

Zdravko Aleksic (the plaintiff) brought proceedings against Goodyear Tyre and Rubber Co (Aust) Ltd (the defendant) in the Supreme Court of New South Wales, Court of Appeal. The dispute concerned the plaintiff's claim for damages for personal injuries allegedly sustained as a result of a defective tyre manufactured by the defendant.

The central legal issue before the Court of Appeal was whether the defendant had breached its duty of care to the plaintiff by supplying a tyre that was not of merchantable quality or fit for its intended purpose, thereby causing the plaintiff's injuries. The court was required to consider the principles of negligence and the implied terms of sale under consumer protection legislation applicable at the time.

The Court of Appeal upheld the trial judge's finding that the defendant was liable. The court reasoned that the evidence established a causal link between the defective tyre and the plaintiff's accident. It applied the principles of negligence, finding that the defendant had failed to exercise reasonable care in the manufacture and inspection of the tyre, leading to its failure. The court also considered the defendant's statutory obligations regarding the quality of goods supplied.

The appeal was dismissed, and the defendant was ordered to pay the plaintiff damages as determined by the trial judge.