JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CIVIL
CITATION: CAPEBAY HOLDINGS PTY LTD -v- MARKS HEALY SANDS [2002] WASC 287
CORAM: PULLIN J
HEARD: 2-4 & 7-10 OCTOBER 2002
DELIVERED : 4 DECEMBER 2002
FILE NO/S: CIV 1160 of 1999
BETWEEN: CAPEBAY HOLDINGS PTY LTD
Plaintiff
AND
MARKS HEALY SANDS
Defendant
Catchwords:
Negligence - Legal practitioner - Alleged breach of contract and duty of care - Solicitor acting on land transaction for purchaser - Encroachment of buildings on neighbouring land - Whether solicitor advised of the encroachment - Whether plaintiff knew of encroachment - Whether plaintiff knew of the adverse financial consequences of encroachment - Whether solicitor advised of adverse financial consequences - Whether failure to advise caused any loss
Legislation:
Property Law Act 1969, s 122
Result:
Plaintiff's claim dismissed
Category: B
Representation:
Counsel:
Plaintiff: Mr K E Yin
Defendant: Mr G R Hancy
Solicitors:
Plaintiff: Murcia Pestell Hillard
Defendant: Mallesons Stephen Jaques
Case(s) referred to in judgment(s):
Astley v Austrust Ltd (1999) 197 CLR 1
Bendal Pty Ltd v Mirvac Project Pty Ltd (1991) 23 NSWLR 464
Commonwealth v Amann Aviation Pty Ltd (1991) 174 CLR 64
Fox v Everingham & Howard (1983) 76 FLR 170
Gates v City Mutual Life Assurance Society Ltd (1986) 160 CLR 1
Heydon v NRMA Ltd (2000) 51 NSWLR 1
Hill v Van Erp (1997) 188 CLR 159
Hudson v Cripps [1896] 1 Ch 265
Midland Bank v Hett Stubbs & Kemp [1979] Ch 384
Miller v Emcer Products [1956] 1 Ch 304
Montague Mining Pty Ltd v Gore [1998] FCA 1334
Plenty v Dillon (1991) 171 CLR 635
Case(s) also cited:
Chappel v Hart (1998) 195 CLR 232
Crabb v Arun District Council [1976] Ch 179
Delta Corp Ltd v Davies [2002] WASCA 125
Dillwyn v Llewelyn (1862) 4 DeGF&J 517
Erley Pty Ltd v Gunzburg Nominees Pty Ltd [1998] WASCA 75
F v R (1983) 33 SASR 189
Gesmundo v Anastasiou (1975) 1 BPR 9297
Halliday v Nevill (1984) 155 CLR 1
Hawkins v Clayton (1988) 164 CLR 539
Henville v Walker (2001) 182 ALR 37
Jetcity Pty Ltd v Yenald Nominees Pty Ltd [1999] WASC 1042
Morris v Thomas (1991) 73 LGRA 164
Ramsden v Dyson (1866) LR 1 HL 129
Re Melden Homes No 2 Pty Ltd's Land [1976] Qd R 79
Westcoast Clothing Co Pty Ltd v Freehill, Hollingdale & Page (1999) A Tort Rep 81-518
PULLIN J: The plaintiff sues its former solicitors, the defendant, for damages for alleged negligent omissions to provide advice and for negligent advice, which negligent acts and omissions are said to amount to a breach of contract and a breach of a general duty to exercise reasonable care and skill.
Summary
The plaintiff bought land known as the Wembley Shopping Centre land ("WSC land"). This land is sometimes referred to as the "Piazza" or the "Wembley Piazza". The plaintiff says that it did not…
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- Case
- [2002] WASC 287
- Decision Date
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