Hatzitanos v Jordan

In the matter of Hatzitanos v Jordan, the respondent, a real estate agent, was found liable for damages in a negligence action by the applicant, a property owner. The respondent was involved in the sale of a property owned by the applicant and failed to inform the purchaser of the property's heritage listing, which subsequently led to the property being demolished. The case was heard in the Supreme Court of Queensland.

The primary legal issue before the court was whether the respondent, as a real estate agent, owed a duty of care to the purchaser regarding the property's heritage listing and if this duty had been breached. The court was also required to determine whether the breach of this duty led to the applicant's loss of property.

The court held that the respondent owed a duty of care to the purchaser in relation to the property's heritage listing. This duty was not limited to the purchaser but extended to the applicant as the owner of the property. The court found that the respondent breached this duty by failing to inform the purchaser of the heritage listing, which resulted in the property being demolished. The court concluded that the applicant's loss of property was a direct result of the respondent's negligence. The court awarded damages to the applicant for the loss of the property.

The court ordered the respondent to pay damages to the applicant for the loss of the property, including the cost of the property, interest, and legal costs. The court also noted that the respondent's failure to disclose the heritage listing was a serious breach of duty, which warranted the award of damages.