Recent Cases

Medical Device Technologies Pty Ltd v Health Administration Corporation [2024] NSWCA 142 (11 June 2024) (Payne, Stern and Harrison JJA)


CONTRACTS — express terms — incorporation of terms — whether purchaser’s standard terms and conditions incorporated by reference into contract

CONSUMER LAW — sale of goods — respiratory ventilators — whether purchaser made known particular purpose for which ventilators were required — whether there was an implied condition as to fitness for purpose — whether ventilators were suitable for use in any clinical setting

CONSUMER LAW — misleading or deceptive conduct — whether vendor made misleading or deceptive representations — whether vendor provided purchaser user manual as an intermediary or principal