Australian judge rules for eBay bidder

Sydney, Australia -- An Australian judge has ruled against a man who refused to give up a $215,000 vintage plane he sold on online auction site eBay.

Judge Nigel Rein ordered Vin Thomas to give the 1946 World War II Wirraway to Peter Smythe for the amount on which they agreed, The Age reported Friday.

Smythe filed suit against Thomas after he changed his mind about selling the plane after the auction ended. Thomas had attempted to back out of the auction to sell the plane for a higher price to a buyer outside of eBay.

"It follows that, in my view, a binding contract was formed between the plaintiff and the defendant and that it should be specifically enforced," Rein said in his decision.

The decision could lead to eBay sales being viewed as legally binding contracts, The Age said.

Daniel Feiler, a spokesman for eBay, said before the decision the case would not affect public confidence in the Web 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.

Copyright 2007 by United Press International.