Response to Post 113

But didn’t the NSW Supreme Court in Peter Smythe v Vincent Thomas which mind you involved a eBay Action transaction where both the seller and buyer were private individuals and where the item was sold on the Ebay.au site, not only find that the transaction gave rise to an enforceable contract of sale, but also cited the Sales of Goods Act as the legislation on which the decision was based.

You may also want to look at decisions such as Evagora v eBay Australia and New Zealand Pty where the Victorian Civil and Administrative Tribunal found that the Fair Trading Act applied to that transaction

So, in light of the above do you still hold to “Now just to make absolutely sure you understand: The sale of goods act, Fair Trade legislation, distance selling regs and consumer law do NOT apply to private sellers and do NOT cover eBay auctions”, and if you do, how do you say the Supreme Court and VACT erred in coming to their findings to the contrary.