Hart v Herron

In *Hart v Herron* [1993] NSWCA 131, the New South Wales Court of Appeal considered a dispute between the appellant, Hart, and the respondent, Herron. The case concerned an appeal against a judgment of the Supreme Court of New South Wales.

The primary legal issues before the Court of Appeal were whether the primary judge had erred in finding that the respondent had established a claim for negligent misstatement and, if so, whether the primary judge had correctly assessed the damages awarded. Specifically, the court had to determine if the respondent had relied on representations made by the appellant to their detriment, and if the appellant owed a duty of care in making those representations.

The Court of Appeal analysed the principles of negligent misstatement, particularly in the context of professional advice. It considered the elements required to establish such a claim, including the existence of a special relationship between the parties, the voluntary assumption of responsibility by the representor, and the reliance by the representee to their detriment. The court reviewed the evidence presented at trial to ascertain whether these elements were satisfied on the facts.

The Court of Appeal ultimately dismissed the appeal, upholding the primary judge's findings on both liability and damages. The court found that the evidence supported the conclusion that the appellant had made negligent misstatements upon which the respondent had reasonably relied, resulting in loss. Consequently, the judgment of the Supreme Court was affirmed.