Loulach Developments Pty Ltd v Roads and Maritime Services

[2019] NSWSC 438

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Negligence
2. › duty
3. › novel duty of care
4. › pure economic loss to developer from negligent misstatement by statutory authority to council
5. › significance of assumption of responsibility, reliance and vulnerability
6. › whether duty inconsistent with or sat ill with statutory obligations applicable to authority
7. › no duty found in relation to second representation
1. Negligence
2. › duty
3. › scope of duty
4. › first representation made directly by statutory authority to developer
5. › whether representation went beyond question asked
6. › whether representation outside scope of duty of care
7. › first representation within scope of duty of care
1. Negligence
2. › breach
3. › whether at time representations were made there was extant proposal to widen or realign road
4. › significance of historical documents
5. › significance of failure to give testimonial evidence
6. › significance of concession that proposal had at some stage been abandoned
7. › breach made out
1. Negligence
2. › causation
3. › whether developer had established it would have acted differently had there been no breach
4. › causation not established