Doepel & Associates Architects Pty Ltd v Hodgkinson

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DOEPEL & ASSOCIATES ARCHITECTS PTY LTD -v- HODGKINSON [2008] WASCA 262



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2008] WASCA 262
THE COURT OF APPEAL (WA)
Case No:CACV:14/20077 AUGUST 2008
Coram:MARTIN CJ
McLURE JA
LE MIERE AJA
14/12/08
39Judgment Part:1 of 1
Result: Appeal dismissed
B
PDF Version
Parties:DOEPEL & ASSOCIATES ARCHITECTS PTY LTD   (ACN 069 628 440)
EDWARD WILLIAM HODGKINSON

Catchwords:

Negligence
Negligent misrepresentation
Misleading or deceptive conduct
Estimate of building costs
Scope of the representation
Reasonableness of the representation
Causation
Turns on own facts

Legislation:

Fair Trading Act 1987 (WA), s 10(1)
Trade Practices Act 1974 (Cth), s 52(1)

Case References:

Bill Acceptance Corporation Ltd v GWA Ltd (1983) 78 FLR 171
Browne v Dunn (1893) 6 R 67 HL
Gates v The City Mutual Life Assurance Society Ltd (1986) 160 CLR 1
Havyn Pty Ltd v Webster [2005] NSWCA 182
J & J C Abrams Ltd v Ancliffe [1978] 2 NZLR 420
McBratney v Boston (Unreported, FCt of WA, Library No 940567, 14 October 1994); (1994) ATPR 41-355
Warwick Entertainment Centre Pty Ltd v Alpine Holdings Pty Ltd [2005] WASCA 174


JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE COURT OF APPEAL (WA) CITATION : DOEPEL & ASSOCIATES ARCHITECTS PTY LTD -v- HODGKINSON [2008] WASCA 262 CORAM : MARTIN CJ
    McLURE JA
    LE MIERE AJA
HEARD : 7 AUGUST 2008 DELIVERED : 15 DECEMBER 2008 FILE NO/S : CACV 14 of 2007 BETWEEN : DOEPEL & ASSOCIATES ARCHITECTS PTY LTD (ACN 069 628 440)
    Appellant

    AND

    EDWARD WILLIAM HODGKINSON
    Respondent


ON APPEAL FROM:

Jurisdiction : SUPREME COURT OF WESTERN AUSTRALIA

Coram : SIMMONDS J

Citation : HODGKINSON -v- DOEPEL & ASSOCIATES ARCHITECTS PTY LTD [2006] WASC 237

File No : CIV 2698 of 2001



(Page 2)



Catchwords:

Negligence - Negligent misrepresentation - Misleading or deceptive conduct - Estimate of building costs - Scope of the representation - Reasonableness of the representation - Causation - Turns on own facts

Legislation:

Fair Trading Act 1987 (WA), s 10(1)


Trade Practices Act 1974 (Cth), s 52(1)

Result:

Appeal dismissed

Category: B


Representation:

Counsel:


    Appellant : Mr P G McGowan
    Respondent : Mr G R Donaldson SC & Mr J D Finlay

Solicitors:

    Appellant : DLA Phillips Fox
    Respondent : J D Finlay & Co



Case(s) referred to in judgment(s):

Bill Acceptance Corporation Ltd v GWA Ltd (1983) 78 FLR 171
Browne v Dunn (1893) 6 R 67 HL
Gates v The City Mutual Life Assurance Society Ltd (1986) 160 CLR 1
Havyn Pty Ltd v Webster [2005] NSWCA 182
J & J C Abrams Ltd v Ancliffe [1978] 2 NZLR 420
McBratney v Boston (Unreported, FCt of WA, Library No 940567, 14 October 1994); (1994) ATPR 41-355
Warwick Entertainment Centre Pty Ltd v Alpine Holdings Pty Ltd [2005] WASCA 174


(Page 3)
    MARTIN CJ:


Factual context

1 The factual context in which this appeal arises has been set out…

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Details
Case
[2008] WASCA 262
Decision Date

CaseChat Overview and Summary

Doepel & Associates Architects Pty Ltd, trading as Doepel & Associates, commenced proceedings against Hodgkinson, the original owner of a parcel of land. The plaintiff sought damages for alleged negligent misrepresentation and misleading or deceptive conduct in relation to an estimate provided regarding the building costs of a residential home. The trial judge found in favour of the defendant, and the plaintiff appealed to the Supreme Court of Queensland. The appeal was dismissed.

The primary legal issues before the court were whether the plaintiff's estimate constituted a representation within the scope of the contractual relationship between the parties, and if so, whether the defendant suffered a loss caused by the alleged negligent misrepresentation. The plaintiff argued that the estimate provided was within the scope of the representation, and that the defendant's reliance on the estimate was reasonable and foreseeable. The defendant contended that the estimate was not a representation within the scope of the contractual relationship, and that the plaintiff's reliance on the estimate was not reasonable or foreseeable.

The court found that the estimate provided by the plaintiff was not a representation within the scope of the contractual relationship between the parties. The court held that the estimate was not an integral part of the contractual relationship, and that the defendant was not entitled to rely on it. The court also found that the plaintiff's reliance on the estimate was not reasonable or foreseeable, and that the defendant had not suffered a loss as a result of the alleged negligent misrepresentation. The court held that the defendant's decision to proceed with the construction of the residential home was not influenced by the estimate provided by the plaintiff, and that the defendant had not suffered any financial loss as a result of the alleged negligent misrepresentation.

In light of the above, the court dismissed the appeal and affirmed the decision of the trial judge. The plaintiff's appeal was dismissed with costs.

Orders

Orders of the court

Appeal dismissed

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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