Spittles v Michael's Appliance Services Pty Ltd [2008]
NSWCA 76
- Repairers who do not supply goods are not manufacturers under
Part VA of the Trade Practices Act.
- Section 75AD does not apply to persons who work on goods under
contract without ever acquiring title to, or possession of the
goods and without there being a supply.
The delightfully-named Mr Spittles bought a shiny new Maytag
fridge. From one of the panels extended a "razor-like
burr"; he duly cut himself on it and sued all and sundry under
section 75AD of the Trade Practices Act.
The refrigerator, which was made in the US, had originally been
black. There's not much market for black fridges in Australia,
so the importer Maytag Australia put them into a warehouse owned by
someone else and bought a stackload of stainless steel panels.
Michael's Appliances was hired to come to the premises and fix
the panels to the fridges, and then walk away. Maytag then sorted
out the selling of the shiny fridges
