10-02-2006, 08:13 AM
Quote:THE contractual legalities of buying and selling on eBay are being tested in an Australian court for the first time in a case that it is claimed could destroy public confidence in the popular online auction site.
The case, involving the sale of a rare World War II aircraft, has reached the NSW Supreme Court, with a judge ruling that the plane cannot be moved from a hangar in Albury on the NSW-Victoria border until the dispute is settled.
Adelaide "warbird" enthusiast Peter Smythe is suing Albury radiographer Vin Thomas for allegedly breaking the rules of eBay by refusing to hand over the plane, a 1946 Wirraway, despite making the sale on the website.
The plane - one of only five in the world still flying - was put up for sale on eBay by Dr Thomas in August with a reserve price of $150,000. Mr Smythe was the only person to bid, matching the reserve price with just 20 seconds to go before the auction closed on August 25.
But unknown to Mr Smythe, Dr Thomas had already agreed to sell the plane to a Queensland buyer for almost $250,000...
full article: http://www.theaustralian.news.com.au/sto...02,00.html
