SALE OF GOODS - appeal from Federal Circuit Court - advertisement of private sale of particular model of collectable car on Gumtree - application of ss 18 and 61 of the Goods Act 1958 (Vic) - meaning of "sale by description" - inspection of car by purchaser - contract for private sale of collectable car - common mistake that car was particular model - post-settlement inspection revealed car was a different model and worth $110,000 less than purchase price - whether vendor or purchaser shoulders risk of the transaction - whether purchaser's inspection was reasonable - where purchaser had opportunity for expert inspection during one year settlement period - held purchaser shoulders risk - held sale not "by" description - appeal dismissed with costs
CONSUMER LAW - whether private sale advertised on Gumtree is in "trade or commerce" - held not in trade or commerce - whether accrued federal jurisdiction still enlivened if private sale is not in "trade and commerce" - whether consumer claim brought under State or federal jurisdiction - held claim brought under State jurisdiction per s 18 of the Australian Consumer Law (Victoria) - held direct federal jurisdiction not engaged - held accrued federal jurisdiction still enlivened as absence of engagement of direct federal jurisdiction not "colourable"
CONTRACTS - whether particular model of car was express or implied term of the contract for sale - nature of legal relations characterised by objective intention and conduct of the parties as per Toll v Alphapharm - held model of car not an express or implied term - whether oral term of the contract allowed purchaser to rescind on expert valuation - held that oral term allowed purchaser to rescind, but no expert valuation and therefore no rescission
COSTS - cross-appeal to seek to increase fixed costs sum awarded in Federal Circuit Court - interlocutory application seeking to adduce fresh evidence on costs to support increased award of costs - where letter of compromise not put before primary judge - held no error in primary judge's exercise of discretion to award fixed costs where offer of compromise was not put before primary judge - held cross-appeal and interlocutory application dismissed with costs
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