Legal Research
Cases
Byblos Building Co Pty Ltd v DARLANE Pty Ltd

Byblos Building Co Pty Ltd v DARLANE Pty Ltd

Link copied

Case Copied 6 December 1999 85 min read

Contents

On this page

BYBLOS BUILDING CO PTY LTD -v- DARLANE PTY LTD & ORS [1999] WASC 248

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[1999] WASC 248
Case No:	CIV:2999/1991	Heard:	26 JULY, 13, 16 - 20 AUGUST & 19 SEPTEMBER 1999
Coram:	STEYTLER J	Delivered:	6/12/99
No of pages:	49	Judgment Part:	1 of 1
Result:	Claim against each of the defendants dismissed
PDF Version

Parties:	BYBLOS BUILDING CO PTY LTD DARLANE PTY LTD JACKSON McDONALD (A FIRM)
Catchwords:	Torts Negligence Real estate agent Turns on its own facts Torts Negligence Solicitors Turns on its own facts Torts Negligence Measure of damages Turns on its own facts
Legislation:	Nil
Case References:	Baltic Shipping Co v Dillon (1993) 176 CLR 344 Baulkham Hills Private Hospital Pty Ltd v GR Securities Pty Ltd (1986) ANZ Conv Rep 681 Burns v MAN Automotive (Aust) Pty Ltd (1986) 161 CLR 653 C Czarnikow Ltd v Koufos [1969] 1 AC 350 Commonwealth v Amann Aviation Pty Ltd (1991) 174 CLR 64 Esanda Finance Corporation Ltd v Peat Marwick Hungerfords (1997) 188 CLR 241 Hungerfords v Walker (1989) 171 CLR 125 March v E & M H Stramare Pty Ltd (1991) 171 CLR 506 Masters v Cameron (1954) 91 CLR 353 Medlin v State Government Insurance Commission (1995) 182 CLR 1 Pagnan SpA v Feed Products Ltd [1987] 2 Lloyd's Rep 601 Sinclair, Scott & Co Ltd v Naughton (1929) 43 CLR 310 Sykes v Midland Bank Executor and Trustee Co Ltd [1971] 1 QB 113 Tern Minerals NL v Kalbara Mining NL (1990) 3 WAR 486 Waimond Pty Ltd v Byrne (1989) 18 NSWLR 642 Wenham v Ella (1972) 127 CLR 454 Woodside Offshore Petroleum Pty Ltd v Atwood Oceanics Inc [1986] WAR 253 Amadio Pty Ltd v Henderson (1998) 81 FCR 149 Ardlethan Options Ltd v Easdown (1915) 20 CLR 285 Australian Broadcasting Corporation v XIVth Commonwealth Games (1988) 18 NSWLR 540 B Seppelt & Sons Ltd v Commissioner for Main Roads (1975) 1 BPR 9147 Barrier Wharfs Ltd v W Scott Fell & Co Ltd (1908) 5 CLR 647 Beach Petroleum NL v Johnson (1993) 43 FCR 1 Belmont Finance Corporation v Williams Furniture Ltd (No 2) [1980] 1 All ER 393 C H R Salvesen & Co v Rederi Aktiebolaget Nordstjernan [1905] AC 302 Citicorp Australia Ltd v O'Brien (1996) 40 NSWLR 398 Copping v ANZ McCaughan Ltd (1997) 67 SASR 525 Covacevich v Thomson (1988) Aust Torts Rep 67,370 Cusmano v Pinner (1998) 157 ALR 61 Dixon v Winch [1900] 1 Ch 736 Edgington v Fitzmaurice [1885] 29 Ch D 459 El Ajou v Dollar Land Holdings Plc [1994] 2 All ER 685 Entwells Pty Ltd v National & General Insurance Co Ltd (1991) 6 WAR 68 Esso Petroleum Co Ltd v Mardon [1976] QB 801 Fox v Everingham (1983) 76 FLR 170 Gallagher v Carman [1990] Aust Torts Rep 67,655 Gates v City Mutual Life Assurance Society Ltd (1986) 160 CLR 1 Georgieff v Athans (1981) 26 SASR 412 Gipps v…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Keep reading for free

Create a free CaseChat account to read Byblos Building Co Pty Ltd v DARLANE Pty Ltd and more:

Read every judgment in full
Ask AI and get answers linked to paragraphs
See how each paragraph was cited in later cases
Download judgments as PDF or Word

Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details

Case: [1999] WASC 248
Decision Date

CaseChat Overview and Summary

Byblos Building Co Pty Ltd initiated legal proceedings against Darlane Pty Ltd, a real estate agent, and Jackson McDonald, a firm of solicitors, seeking damages for alleged negligence and breaches of contract related to a commercial property lease. Byblos claimed that the defendants failed to properly investigate the financial stability of the prospective lessee, Kerangle Pty Ltd, and did not recommend obtaining a guarantee to protect against potential financial difficulties. The case hinged on whether the defendants owed a duty of care to Byblos and whether they breached any contractual obligations or made negligent misrepresentations. The court found that Byblos was aware of Kerangle's identity and financial standing, thereby negating the need for further investigation or recommendation from the defendants. Additionally, the court held that there was no special relationship of proximity or reliance that would impose a duty of care on the defendants. Consequently, the court dismissed Byblos' claims against both defendants, ruling that Byblos failed to prove any actionable negligence or breach of contract.

Orders