KNOWLES & GREEN

The case of *Knowles & Green* concerned a dispute between the parties of the same name. The proceedings were heard by Mushin J in the Supreme Court of Victoria.

The central legal issue before the Court was whether the plaintiff, Knowles, had established a cause of action in negligence against the defendant, Green, for alleged negligent advice provided by Green in relation to a property transaction. Specifically, the Court had to determine if Green owed a duty of care to Knowles, and if so, whether that duty had been breached, and if that breach had caused the loss claimed by Knowles.

Mushin J's reasoning focused on the established principles of negligence, particularly in the context of professional advice. The Court considered the proximity between the parties and the foreseeability of harm. It was held that for a duty of care to arise in such circumstances, there needed to be a sufficient degree of proximity, and the advice must have been given in circumstances where the advisor knew or ought to have known that the advisee would rely on that advice to their detriment. The Court then examined the evidence to ascertain whether these elements were present.

The Court found that the plaintiff had not established the necessary elements to succeed in a claim for negligent advice. Consequently, judgment was entered for the defendant, Green.