Mezas v Kelly

In *Mezas v Kelly* [1994] NSWCA 203, the New South Wales Court of Appeal considered a dispute between the appellant, Mezas, and the respondent, Kelly. The case concerned an appeal against a decision of the Supreme Court of New South Wales.

The primary legal issue before the Court of Appeal was whether the primary judge had erred in finding that the respondent had established a claim for negligent misstatement. This involved determining whether the respondent had relied on the appellant's representations to their detriment, and whether those representations were made negligently.

The Court of Appeal analysed the principles of negligent misstatement, particularly in the context of a solicitor-client relationship. It considered the duty of care owed by a solicitor to their client and the circumstances in which a solicitor's advice or representation could be considered negligent. The Court examined the evidence presented at trial to assess whether the respondent had discharged the onus of proving the elements of negligent misstatement, including the existence of a special relationship, the falsity of the statement, and the resulting damage.

The Court of Appeal ultimately dismissed the appeal, upholding the primary judge's finding that the respondent had successfully established a claim for negligent misstatement. The orders of the Supreme Court were affirmed.