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In the below scenario, one of the causes of action would be related to unfit goods for purpose and come under the Australian Consumer Law.

In the below scenario, one of the causes of action would be related to unfit goods for purpose and come under the Australian Consumer Law. (the brakes) There appear further causes of actions such as breach of contract and negligence which can all be litigated in the NSW District Court. However the ACL is Federal and would be heard in the Federal Court of Australia. How can we have all causes of actions heard in the NSW District Court or Supreme Court. Can someone explain the answer to this to me?

Q. Harry's Haulage Pty Limited is a small family business that was started by Harry Hernandez in Brisbane in 1989. The business operates a variety of trucks to convey freight.

  1. In 1992, Mr Hernandez incorporated Harry's Haulage Pty Limited, making the company's registered address 120 Coastal Way, Woolloongabba, Brisbane. The Australian company number (ACN) is 123 456 789. Harry Hernandez and his wife, Zoe Hernandez, are the sole two directors of the company.
  2. Harry's Haulage operates its business in both Brisbane and Sydney having depots in Woolloongabba (Qld) and Botany (NSW), where freight is consigned, loaded/ unloaded, stock managed, and vehicles are stored at both premises.
  3. The company conducts freight haulage up and down the east coast of Australia, predominantly between Brisbane and Sydney. Over the years the company has grown, and Harry maintains a fleet consisting of 8 prime movers, 12 smaller Pantec trucks and one B Double truck.
  4. Harry's Haulage Pty Limited usually contracts the same company to service its vehicles and perform relevant brake and safety checks, Big Tools Pty Limited. On or about 15 July 2021, Harry became aware that one of the prime movers (registration number FB 1890) required service and inspection because the logbooks revealed it had completed the requisite mileage. Harry was always extremely careful with safety and is required by law not to operate the vehicles if they have not completed the required service and inspection.

6. On 16 July 2021, Harry telephoned Big Tools to book the prime mover for service and inspection. A representative of Big Tools advised they could not schedule the work until 22 July 2021, as they were fully booked. Harry had freight contracts that required the truck to be roadworthy as of 20 July 2021. Accordingly, he made a telephone call to Bodgy Bob's Brakes and Auto Pty Limited ("Bodgy Bob's"). Harry spoke with the principal, Bob Fiddle. After explaining his need for urgent service and inspection of the prime mover, Harry booked the truck in for service on 17 July 2021. Bodgy Bob's is a licensed servicer of Hino Trucks, the type of vehicle that Harry's prime mover fleet is comprised of.

  1. Bodgy Bob's Brakes and Auto Pty Limited is a proprietary company (ACN 987 654 321) having its registered office at 3 Slaphappy Avenue, Sydenham, NSW. Bodgy Bob's workshop premises are located at the same address as the registered office.
  2. On 17 July 2021 Bodgy Bob's carried out the service and repair, replacing the brake linings of the prime mover. An invoice for service and repair was rendered to Harry's Haulage Pty Limited in the sum of $4,300, which was comprised of $1600 parts (front brake shoe set and linings) and the remainder was for labour and GST.
  3. Unfortunately, the mechanic who performed the work at Bodgy Bob's was inexperienced and performed the work unsupervised. She was unaware that she had to ensure any replacement parts were sourced from the same manufacturer of the truck (namely Hino). Instead, the mechanic used generic parts that were ill-fitted to the vehicle. As a result, there was an imbalance in the brakes due to a mismatching of parts. This caused ineffective braking. The issue would not become apparent until the truck was required to brake at speed, and with a heavy load.
  4. Early 20 July 2021, the prime mover in question was loaded with a large quantity of fresh fruit and vegetables for a supermarket chain client. These goods were to be transported from Sydney to Brisbane. The prime mover was driven by Harry's employee, Bob Farley. Bob was an experienced driver with an impeccable driving record.
  5. The truck left the Sydney depot at 4.30 am. By 7.00 am, the truck had reached Bulahdelah. At Bulahdelah, a vehicle in front of the truck stopped suddenly to avoid hitting a kangaroo. The truck driver applied the brakes suddenly, and due to the faulty installation of brake parts, the stopping time of the truck was significantly compromised. Realising the brakes were failing, the driver swerved to avoid a collision with the car in front and jack-knifed the truck.
  6. Thankfully, no one was injured. However, significant damage was caused to the truck and its load. The fruit and vegetables spilled all over the highway, ruining the freight and blocking the roadway for 3 hours. It was fruit salad.
  7. Subsequent investigation of the truck and the accident scene by Transport New South Wales confirmed the brakes on the prime mover had failed due to a misalignment of brake linings, making sudden stopping with load impossible. The failure of the prime mover's brakes was caused by the mismatched parts and incorrect installation of the brake linings by Bodgy Bob's Pty Limited.

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