Armstrong & Anor v Miles & Ors

Armstrong and another (the plaintiffs) brought proceedings against Miles and others (the defendants) in the Supreme Court of New South Wales. The dispute concerned the plaintiffs' claim for damages for breach of contract and negligence arising from the defendants' alleged failure to properly advise and represent them in relation to a property development project. The plaintiffs contended that the defendants' conduct led to significant financial losses.

The primary legal issues before the Court were whether the defendants had breached their contractual obligations to the plaintiffs and whether they had acted negligently in their professional capacity. Specifically, the Court was required to determine the scope of the duty of care owed by the defendants to the plaintiffs, the standard of care expected of professionals in such circumstances, and whether the defendants' actions fell below that standard, thereby causing the plaintiffs' loss.

The Court considered the principles of contractual interpretation and the tort of negligence. It analysed the terms of the retainer agreement between the parties to ascertain the precise obligations undertaken by the defendants. In relation to the negligence claim, the Court applied the established tests for duty of care and breach, considering whether the defendants' advice and conduct were reasonable in the circumstances, having regard to the knowledge and expertise expected of them. The Court's reasoning focused on the factual matrix of the property development and the specific advice provided by the defendants.

The Court ultimately found in favour of the defendants, determining that they had not breached their contractual obligations nor acted negligently. Consequently, the plaintiffs' claim for damages was dismissed.