#06 The Tale of the Missing Gearbox - Gregor Fisken v Bernard Carl

24/06/2021 54 min Temporada 1 Episodio 6

Listen "#06 The Tale of the Missing Gearbox - Gregor Fisken v Bernard Carl"

Episode Synopsis

In a wonderfully wide-ranging judgment, the Court of Appeal recently looked at the rights and obligations between two parties relating to the sale of a Ferrari 250 GTO.By looking at this judgment, Luke and Calum discuss the Sale of Goods Act, signing contracts "as agent", and how the Court can penalise a party in costs where that party fails to take steps to resolve a dispute at an early stage.Subscribe/follow for more!This podcast brought out Luke’s long-lost, inner rev-head. Harking back to his late teens. Not that he was driving a Ferrari 250 GTO! More like a second-hand Holden Commodore VL.This wonderfully wide-ranging judgment, the Court of Appeal recently looked at the rights and obligations between two parties relating to the sale of a Ferrari 250 GTO could be a day 1 law school case. You know the ones with:- far-out fact patterns (including buying a gearbox-less car for $44m and a $0.5m finder’s fee for locating the gearbox)- litigants pursuing arguments into appellate courts over relatively little money- multi-jurisdictional cases- interesting points on contract formation and sale of goods- a shipping law principle on the importance of signatures- an appellant seemingly winning, yet losing- how changing one’s case midway is not a great idea- a clearly annoyed court over the parties’ failures to heed its warnings- harsh indemnity costs consequencesOh and excuse the driving puns. They couldn't help themselves.

More episodes of the podcast Case by Case