In the legal case of Shearer v Super Start Batteries Pty Ltd [2024] QCA 199, the Queensland Court of Appeal examined a litigation involving Rebecca Lee Shearer and Shawn Dean Shearer (appellants) against Super Start Batteries Pty Ltd and The Battery Store Australia Pty Ltd (respondents). The Shearers alleged that the respondents engaged in misleading and deceptive conduct under section 18 of the Australian Consumer Law (ACL), by supplying old or second-hand stock, mismanaging warranty claims, and allowing unauthorized credit to third parties. The Shearers also argued their contractual agreements contained unfair terms under the ACL, and that the goods supplied were not of merchantable quality under the Sale of Goods Act 1896 (Qld). The trial judge dismissed their claims, finding insufficient evidence of misleading conduct, no breach of merchantable quality or fitness, and that the contract terms were neither unfair nor the cause of any alleged losses. Consequently, the Court dismissed the Shearer’s appeal due to lack of persuasive evidence and upheld the orders for the appellants to pay the respondents' costs.
Full text: https://www.sclqld.org.au/caselaw/149924