A council's duty of care in issuing planning certificates under the Integrated Planning Act 1997 (Qld) extends to subsequent purchasers of the land who are members of an identifiable class likely to receive and rely on the certificate, even where the certificate was not requested by or issued to the plaintiff. A plaintiff is not deprived of the protection of the duty merely because it could theoretically have protected itself by contract or by engaging experts to verify the certificate's accuracy, particularly where there is a statutory obligation on the council to provide accurate information and no alternative source exists. The onus on a defendant seeking apportionment under the proportionate liability provisions of the CLA requires proof of what further enquiries would have revealed, not merely that further enquiries could have been made.
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