Dimitry v McPhee

In *Dimitry v McPhee* [1995] NSWCA 125, the New South Wales Court of Appeal considered a dispute between the appellant, Dimitry, and the respondent, McPhee. The case concerned an appeal against a decision of the Supreme Court of New South Wales.

The primary legal issue before the Court of Appeal was whether the primary judge had erred in finding that the respondent had established a claim for negligent misstatement. This involved determining whether the respondent had relied on representations made by the appellant, and if so, whether that reliance was reasonable in the circumstances.

The Court of Appeal analysed the principles governing negligent misstatement, particularly in the context of pre-contractual negotiations. It considered the duty of care owed by one party to another in such situations, and the requirements for establishing causation and loss. The Court ultimately found that the primary judge had correctly applied the relevant legal principles and that the evidence supported the findings of fact made at trial.

The appeal was dismissed, with the Court of Appeal affirming the decision of the Supreme Court.