top of page

Understanding Consumer Rights: Griffiths v LMM Holdings Case Study

Delve into our detailed analysis of the Griffiths v LMM Holdings case, highlighting the complexities of Australian Consumer Law.


At Arida Lawyers, our experienced team routinely provides advice and legal representation to both consumers and businesses concerning matters within the purview of the Australian Consumer Law. If you're navigating similar challenges or seeking guidance, reach out to us for comprehensive support

A logo white transparrent.png

Griffiths v LMM Holdings Pty Ltd (as the trustee for the Brisbane BMW Unit Trust) [2016] FCCA 2322

Executive Summary

Navigating the intricacies of contractual agreements can often lead to contentious outcomes. Such was the case when Liza Griffiths and Graeme Griffiths (the "Griffiths") embarked on a journey to replace their malfunctioning Mercedes Benz with a new vehicle from Brisbane BMW. The core of the dispute rested on the alleged promise of delivery by a specific date and the subsequent legal ramifications stemming from this claim.

This case, underscored by the principles of contractual commitments and the Australian Consumer Law, serves as a reminder of the complexities inherent in consumer agreements and the importance of clear communication and understanding between parties.

Join us as we delve into the case's particulars, examining the arguments on both sides, the legal principles at play, and the eventual judgment handed down. The findings from this case offer significant insights, especially concerning section 18 of the Australian Consumer Law relating to misleading and deceptive conduct concerning future matters (per section 4), and they serve as a benchmark for future contractual disputes of a similar nature.

Legal Principles in Question

The case examined several integral legal principles:

  1. The nature of pre-contractual representations and their potential to become contractual terms or collateral contracts [refer para 68].

  2. The concept of a statement being promissory rather than merely representational [refer para 68].

  3. The perquisites for a contract term to be deemed unfair [refer para 64].

  4. The implications of misleading and deceptive conduct under section 18 of the Australian Consumer Law [refer para 77].


Case Summary

The Griffiths alleged that Brisbane BMW made certain representations regarding vehicle delivery. The Griffiths claimed these representations were either terms of the contract or collateral promises. The case delved into whether these statements were promises or just representations, the intention of parties during contractual negotiations, and the implications of the Australian Consumer Law's provisions on misleading conduct and unfair contract terms [refer para 68-77].

Judgment and its underpinnings

Navigating the complex interplay of contractual obligations and legal considerations, the Court's judgment between the Griffiths and Brisbane BMW centred on a few pivotal points. To ensure clarity, we have dissected the judgment's core elements and summarised the reasoning underpinning each:

Formation of the Purchase Contract: The Court established a binding contract for the purchase of the BMW vehicle between the Griffiths and Brisbane BMW [para. 4a]. This was underpinned by the general principles of contract law, where mutual agreement and an intention to form a legal relationship exist.

Contract Clarity and Fairness: The terms of the contract underwent scrutiny. Based on the principles set out in [para. 4b] and [para. 65], the Court determined that the contract was neither ambiguous nor contained terms considered unfair under the Australian Consumer Law.


The Delivery Representation: Brisbane BMW's salesman communicated an expected delivery by the end of August 2015 [para. 4c], this representation, despite being made during contract negotiations, did not solidify as a binding contract term [parra. 68]. The reasoning for this decision stems from the Court's findings that the statement was not "promissory in nature" but a mere expectation [para. 69a].


Misleading and Deceptive Conduct: The delivery representation was analysed and found to be more of a forward-looking statement than a guarantee. However, the absence of reasonable grounds for such a representation [para. 4g] meant Brisbane BMW breached section 18 of the Australian Consumer Law by engaging in misleading conduct concerning a future matter (section 4) [para. 77].


Reliance on the Representation: the Griffiths, in deciding to enter the contract, did not primarily rely on the aforementioned delivery representation, being the future representation. This was concluded based on an objective assessment of her actions and written evidence, underpinned by the principles in [para. 81] and [para. 82].


Termination Attempts: the Griffiths' unilateral attempt to end the purchase contract on 8 July 2015 lacked legal efficacy [para. 4j], grounded in the contractual principles discussed in [para. 91]. Conversely, Brisbane BMW's termination via their letter dated 3 September 2015 was legally upheld, effectively accepting the Griffiths' repudiation [para. 4k].

Drawing from a detailed examination of the facts, written evidence, and the Australian Consumer Law, the case distinguishes between mere sales representations and enforceable contractual commitments. Through this, it emphasises the importance of transparency and clarity in consumer transactions.

Key Takeaways from the Case

Legal disputes, particularly those concerning contractual obligations, are often layered with intricacies and nuances. By way of examination of this case, we uncovered some of the following pivotal lessons and insights that serve as guideposts for future contractual endeavours:

Pre-contractual Representations: Not all representations made during negotiations automatically become terms of the final contract. Their inclusion depends on the parties' intentions and any terms in the consumer contract that purport to exclude previous warranties and representations that are not expressly written in the contract.


Promissory veruses Representational Statements: Distinguishing between these two types of statements is vital. During contract negotiations, a statement made may become a binding term of the resultant contract or could evolve into a "collateral contract". The inclusion of such a representation as a term relies heavily on the parties' intentions. A statement is deemed a binding contractual obligation if it is "promissory", while a "merely representational" statement lacks this binding nature. The primary factor is whether parties intended the statement to carry contractual obligations, assessed objectively through the entirety of evidence. The overarching principle is that the intent is discerned not just from parties' private beliefs but from their overt conduct, words, and behaviour. An "intelligent bystander" assessing the situation should be able to reasonably infer the intended contractual obligations.


Misleading and Deceptive Conduct under Australian Consumer Law: While the Court found that the representative of Brisbane BMW did make the delivery claim without reasonable grounds, the Griffiths had to prove they suffered due to this misleading conduct. Specifically, the Griffiths needed to show that this representation influenced their decision to enter into the contract with Brisbane BMW. On examining the evidence, the Court determined that the Griffiths did not clearly indicate their reliance on Mr. Johnson's future representation when finalising the deal. Factors countering the Griffiths stance included their acknowledgment of possible delivery delays and the absence of a specified delivery time written in the contract. As a result, although Brisbane BMW's conduct was misleading, the Court concluded that the Griffiths did not suffer any loss or damage due to that misrepresentation. To that end, even if a party's conduct is deemed misleading or deceptive under section 18 of the Australian Consumer Law, damages will only be awarded if the affected party relied on this conduct and subsequently suffered loss or damage [refer para 77 and 85].


Contract Termination: A party's attempt to terminate a contract should be based on valid reasons, and anticipatory breaches must be carefully assessed [refer para 91].


Damages: If a party repudiates a contract, the other party, if affected, can seek damages. However, all terms and conditions stipulated in the contract will be taken into consideration [refer para 104].


How Arida Lawyers Can Assist in Similar Matters

The team at Arida Lawyers specialises in Australian Consumer Law, particularly matters pertaining to consumer guarantees, misleading and deceptive conduct and unfair contract terms.


Our legal team is experienced in motor vehicles, motor homes, caravans, and other related consumer law areas. We are dedicated to safeguarding and championing your legal rights and interests within the purview of the Australian Consumer Law.

This article provides general information relevant to our expert services. It is not legal advice and should not be relied upon as such. If you are seeking legal advice, you should contact us for a free initial consultation.

Liability limited by a scheme approved under Professional Standards Legislation.

bottom of page