LM Investment Management Limited (In Liquidation) (Receivers appointed) v BMT & Assoc Pty Limited

[2015] NSWSC 1902

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Building and Construction
2. › claims by lender against firm of expert quantity surveyors in contract, tort and Trade Practices Act 1974 (Cth) s 52
3. › implied contractual obligation to provide services with reasonable care and skill
4. › alleged duty of care in relation to economic loss caused by negligent valuation of works
1. Torts
2. › negligence
3. › apportionment of responsibility and damages
4. › whether claim apportionable
5. › whether the borrower was a concurrent wrongdoer within meaning of the Civil Liability Act 2002 (NSW) s 34
6. › whether plaintiff guilty of contributory negligence
1. Damages
2. › measure and remoteness of damages in actions for tort
3. › remoteness and causation
4. › where money advanced by lender on the basis of negligent valuation and misleading or deceptive conduct
5. › lender entitled to recover difference between what was lent and what would have been lent had defendant’s wrongful conduct not