JPQS Pty Ltd v Cosmarnan Constructions Pty Ltd

JPQS Pty Ltd (the appellant) appealed to the New South Wales Court of Appeal against a decision of the primary judge concerning a dispute with Cosmarnan Constructions Pty Ltd (the respondent). The dispute arose from the respondent's reliance on the accuracy of quantity surveyor's reports provided by the appellant.

The Court of Appeal was required to determine whether the appellant owed a duty of care to the respondent in relation to the accuracy of the quantity surveyor's reports. A further issue concerned the application of the rule in *Jones v Dunkel* to testimonies of doubtful relevance.

The Court of Appeal dismissed the appeal, upholding the primary judge's decision. The reasoning of the Court, though not detailed in the provided text, appears to have affirmed the existence of a duty of care owed by the appellant to the respondent in the circumstances. The Court also found that the rule in *Jones v Dunkel*, which allows an inference to be drawn against a party who fails to call a witness or produce evidence within their control, was applicable to the evidence presented.

The appeal was dismissed with costs awarded to the respondent.