Maclean v Rottnest Island Authority

[2001] WASCA 323

Western Australia Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Tort
2. › Negligent misrepresentation
3. › Duty to warn of future regulatory change
4. › Whether representor obliged to warn of possibility of future legislative amendment
5. › Whether finding of no misrepresentation open on the evidence
1. Tort
2. › Negligent misrepresentation
3. › Damages
4. › Assessment of damages for upgrading expenditure induced by misrepresentation
5. › Discount for use and residual value
6. › Whether imprecision in quantification defeats claim entirely
1. Practice and Procedure
2. › Costs
3. › Discretion of trial judge
4. › Relevance of partial success on issues
5. › Whether discretion miscarried
6. › House v The King principles
1. Practice and Procedure
2. › Costs
3. › Calderbank letters
4. › Letter served shortly before trial
5. › Whether trial judge erred in declining to accord weight to Calderbank letter
6. › Use as tactical weapon discouraged

Quick Take

A representor has no duty to warn of the mere possibility of future legislative or regulatory change when making a representation about the current legal position. A Calderbank letter served shortly before trial may properly be given little weight where the timing suggests tactical use rather than genuine encouragement of settlement. Where a plaintiff has proved some damage but the precise quantum is uncertain, the court may make a reasonable assessment rather than dismissing the claim entirely.