FEDERAL COURT OF AUSTRALIA
Angas Securities Limited v Valcorp Australia Pty Ltd [2011] FCA 190
Citation: Angas Securities Limited v Valcorp Australia Pty Ltd [2011] FCA 190 Parties: ANGAS SECURITIES LIMITED ACN 091 942 728, BARKER MORTGAGES PTY LTD ACN 106 071 676 and KWS CAPITAL PTY LTD ACN 114 209 808 v VALCORP AUSTRALIA PTY LTD ACN 008 147 671 File number: SAD 172 of 2009 Judge: BESANKO J Date of judgment: 8 March 2011 Catchwords: TRADE PRACTICES — where applicants conducted mortgage lending businesses — where respondent a valuer retained to value property to be security for loan by applicants — where borrower defaulted — where value of property on forced sale was substantially less than valuation — whether respondent had been negligent — whether respondent had contravened s 52 of the Trade Practices Act 1974 (Cth) and s 56 of the Fair Trading Act 1987 (SA) — whether applicants had relied on the valuation report in entering into transaction — whether applicants were guilty of contributory negligence by failing to make proper enquiries about the borrowers’ ability to service the loan — whether first applicant had failed to mitigate its loss — whether respondent should be liable for loss attributable to fall in market value of the property — whether applicants entitled to loss of opportunity damages — whether first applicant entitled to interest under s 51A of the Federal Court of Australia Act 1976 (Cth) from date it received insurance moneys — alternative cases in contract and tort discussed
HELD: The respondent’s valuation had been prepared negligently and in contravention of s 52 of the Trade Practices Act 1974 (Cth) and s 56 of the Fair Trading Act 1987 (SA). The applicants had been guilty of 25 per cent contributory negligence by failing to make proper enquiries about the borrowers’ ability to service the loan. The applicants were entitled to loss of opportunity damages and the first applicant was entitled to interest under s 51A of the Federal Court of Australia Act 1976 (Cth) after date of receipt of insurance moneys.
Legislation: Corporations Act 2001 (Cth)
Fair Trading Act 1987 (Cth) s 56
Federal Court of Australia Act 1976 (Cth) s 51A
Law Reform (Contributory Negligence and Apportionment of Liability) Act 2001 (SA) s 7(2), s 8
Police Regulation (Superannuation) Act 1906 (NSW) s 10
Trade Practices Act 1974 (Cth) s 52Cases cited: Alderslade v Hendon Laundry Ltd [1945] 1 KB 189, cited
Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175, cited
Batchelor v Burke (1981) 148 CLR 448, cited
BP Refinery (Westernport) Pty Ltd v Hastings Shire Council (1977) 180 CLR 266, cited
Butcher v Lachlan Elder Realty Pty Limited (2004) 218 CLR 592, cited
Commissioner for Railways (New South Wales) v Quinn (1946) 72 CLR 345, cited
Darlington Futures Ltd v Delco Australia Pty Ltd (1986) 161 CLR 500, cited
Davis v Pearce Parking Station Pty Ltd (1954) 91 CLR 642
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- Case
- [2011] FCA 190
- Decision Date
CaseChat Overview and Summary
The court found that Valcorp's valuation was negligent and in breach of trade practices laws. The court also determined that Angas and Barker were 25% contributory negligent due to their failure to properly investigate the borrower's capacity to repay the loan. The court held that Angas and Barker were entitled to loss of opportunity damages. Regarding interest, the court considered that Angas' receipt of insurance moneys should not reduce the interest claim under section 51A of the Federal Court of Australia Act 1976, as insurance payments replace the lost principal rather than lost earnings. The court allowed Angas to claim interest from the date it received the insurance moneys, finding that an implied term in the insurance contract supports the insurer's right to claim interest after settlement.
The court gave leave for the parties to make submissions on final orders.
Orders
Orders of the court
The parties have leave to make submissions as to final orders in light of these reasons.
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