Highland County Pty Ltd v City of Newcastle; Highland County Pty Ltd v Asquith & de Witt Pty Ltd; Asquith & de Witt Pty Ltd v City of Newcastle

Highland County Pty Ltd, a property developer, initiated proceedings against both the City of Newcastle and Asquith & de Witt Pty Ltd, a town planning firm engaged by the council, alleging negligent misstatements in relation to a proposed funding arrangement for a project in Newcastle. The case was heard and determined by the Supreme Court of New South Wales. The plaintiffs sought damages for the alleged negligent misstatements, which they claimed led to financial losses.

The primary legal issues the court needed to address were whether the conduct of the council staff in the proposed funding arrangement constituted information or advice, and if the town planner's retainer included implied terms. Additionally, the court had to determine whether the plaintiffs suffered any loss or damage and, if so, what the measure of that damage was. The court also had to consider whether the actions fell within the statutory powers of the council under Section 94 of the Environmental Planning and Assessment Act 1979.

The court held that the council's conduct did not amount to information or advice within the context of the statutory powers, and therefore, the council was not liable for the plaintiffs' losses. The court found that the town planner's retainer did not include any implied terms that would bind the planner to the plaintiffs. Furthermore, the court determined that the plaintiffs had not suffered any loss or damage as a result of the alleged negligent misstatements. Consequently, the court dismissed the plaintiffs' claims against both the council and the town planning firm, and awarded costs to the defendants. The costs orders were suspended to allow for potential further argument on the matter.