JPQS P/L v Cosmarnan Constructions P/L & 3 Ors revised

[2003] NSWCA 66

NSW Court of Appeal

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Interrogate

Catchwords

1. Torts
2. › Negligence
3. › Duty of care
4. › Negligent misrepresentation
5. › Quantity surveyor's progress reports
6. › Reliance on accuracy of certifications
7. › Whether duty of care owed to joint venturers relying on certifications for bank drawdowns
1. Evidence
2. › Failure to call witness
3. › Jones v Dunkel inference
4. › Whether inference available where relevance of absent witness's testimony doubtful
5. › Whether inference can disturb finding of fact made by trial judge
1. Damages
2. › Assessment
3. › Negligent misrepresentation
4. › Calculation of loss from overpayment to builder based on negligent progress certifications

Quick Take

A quantity surveyor who certifies progress reports for the purpose of bank drawdowns owes a duty of care to the joint venturers who rely on those certifications, and the Jones v Dunkel inference does not apply where the relevance of the absent witness's testimony is doubtful and a finding of fact has already been made by the trial judge.