Bianca Kabel appeared for the plaintiff, QRAD Pty Ltd (instructed by Rose Litigation Lawyers).
Matthew Hickey OAM KC and Tim Elliss appeared for the first defendant, Philips Electronics Australia (instructed by Gilbert & Tobin) in respect of the claim and counterclaim. Phillips’ counterclaim was ultimately successful, and Hindman J awarded damages in the amount of $557,488.79.
In summary, QRAD claimed damages arising from the alleged breach of contract, negligence, and misleading and deceptive conduct of Phillips in relation to the operation of their magnetic resonance imaging (MRI) machines. The Court held that Philips complied with its contractual obligations and to have done more than it did in the circumstances was commercially unrealistic and not pursuant to the proper construction of the contract. It further found no concurrent tortious duty and that Philips did not make misrepresentations as to the operational readiness of the MRI machines, as its statements were not guarantees of the machines being defect-free. In dismissing the plaintiff’s claims, the Court allowed Philips counterclaim for unpaid invoices.
The judgment can be read by clicking here
