Falchoon I see red Member 5,758 Member For: 22y 1m 22d Location: nowhere in particular Posted 03/08/07 11:07 AM Share Posted 03/08/07 11:07 AM http://www.smh.com.au/news/web/ebay-sale-I...5648121130.htmleBay sale is a sale, court rulesThere will be no more weasling out of eBay sales after a judge today ruled against a man who has been refusing to hand over a $250,000 vintage plane he sold on the online auction site.In a case that reached the NSW Supreme Court, Peter Smythe sued Vin Thomas after he changed his mind on the sale of a 1946 World War II Wirraway plane after the eBay auction had ended.The plane is understood to be one of five in the world still flying.Acting judge Nigel Rein, handing down his judgment today, ruled against Thomas and ordered him to hand over the plane for the agreed amount.The date of the handover will be decided next week."It follows that, in my view, a binding contract was formed between the plaintiff and the defendent and that it should be specifically enforced," Justice Rein said in his decision.The judgment sets a precedent for future cases and means eBay sales could now be legally binding.A judge had last year ruled the plane could not be moved from its hangar in Albury until the dispute was settled.Smythe, an Adelaide war-plane enthusiast, was the only person to bid on the item, matching the $150,000 reserve price just seconds before the auction ended in August last year.But Thomas, a radilologist from Albury, had already agreed to sell the plane to someone else for $100,000 more than Smythe's offer. Smythe took him to court hoping a judge would force Thomas to follow through with the sale.Before the ruling was handed down, eBay spokesman Daniel Feiler was adamant that any decision would have no impact on public confidence in the auction site."It has always been our understanding that you are entering into a binding contract when you are listing an item and someone has made a bid on the item," he said, but added real estate sales were an exception because bids on houses were only expressions of interest."If someone has a repeated behaviour of not purchasing or refusing to sell the item once the thing has ended, normally we'll reach out and educate them in the first instance but if they then show a repeated habit of not fulfilling their commitments then they get suspended from the site," he said.Feiler added eBay sellers had the option to reject any bids before an auction closed and encouraged both buyers and sellers to examine feedback history before proceeding with a transaction.eBay has 5 million Australian members and 17,000 of those make their primary living from selling there, according to ACNielsen.The Temora Aviation Museum, which houses its own Wirraway plane, said a total of 755 were built in Australia between 1939 and 1946.A spokeswoman for the museum said she had not seen the plane referred to in this case but estimated it was worth around $250,000. Link to comment Share on other sites More sharing options...
instro Member 67 Member For: 18y 9m 5d Location: South Coast NSW Posted 14/08/07 12:28 PM Share Posted 14/08/07 12:28 PM Online buyers beware Link to comment Share on other sites More sharing options...
Slymeat Team Kickass Donating Members 1,926 Member For: 21y 11d Gender: Male Location: Albion Park, NSW Posted 31/08/07 12:47 AM Share Posted 31/08/07 12:47 AM (edited) Sorry guys I cant get the link to work. It's a 2000 model Porshe in Sydney going for $2500 on ebay.SCAM Edited 31/08/07 12:57 AM by Slymeat Link to comment Share on other sites More sharing options...
hanra Into the laaaake Member 1,532 Member For: 17y 7m 24d Gender: Male Location: Nrth Qld Posted 09/10/07 12:11 AM Share Posted 09/10/07 12:11 AM I noticed the seller has no feedback. http://cgi.ebay.com.au/Ba-Falcon-Xr6-Xr6-T...1QQcmdZViewItem Link to comment Share on other sites More sharing options...
TUFXRT6 Silver Donating Members 687 Member For: 18y 10m 19d Gender: Male Location: Victoria Posted 09/10/07 12:33 AM Share Posted 09/10/07 12:33 AM I am very very sure some one around here will be able to lead to a copy of the service manual.RegardsTUFXRT6 Link to comment Share on other sites More sharing options...
INFLYT Donating Members 784 Member For: 18y 6m 29d Gender: Male Location: N.S.W, Sydney Posted 14/11/07 03:19 AM Share Posted 14/11/07 03:19 AM Scam, or Divorce?Link Link to comment Share on other sites More sharing options...
Mr Turbo Next stage, to the Pub in 10 seconds Member 2,777 Member For: 20y 5m 25d Gender: Male Location: Berwick Victoria Posted 14/11/07 03:25 AM Share Posted 14/11/07 03:25 AM Rob... Link to comment Share on other sites More sharing options...
Dillz Three pedals are better then two.. Donating Members 15,637 Member For: 17y 8m 13d Gender: Male Location: Melbourne Posted 14/11/07 03:31 AM Share Posted 14/11/07 03:31 AM Put an offer in and find out. My guess is it's his wife and SHE.....IS......PISSED!!! Link to comment Share on other sites More sharing options...
Trough Lolly Member 4,349 Member For: 20y 4m 30d Gender: Male Location: Mildura Posted 14/11/07 03:45 AM Share Posted 14/11/07 03:45 AM hahaha "another" happy HPF customer..... Link to comment Share on other sites More sharing options...
ZAP No boost, no bottle, just my foot on the throttle! Lifetime Members 7,935 Member For: 20y 11m 25d Gender: Male Location: Sydney Posted 14/11/07 03:59 AM Share Posted 14/11/07 03:59 AM reported and Removed Link to comment Share on other sites More sharing options...
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now