Perkins v Harris

In *Perkins v Harris*, the New South Wales Court of Appeal considered a dispute between the appellant, Perkins, and the respondent, Harris. 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 representations made by the appellant, and if so, whether that reliance was reasonable in the circumstances.

The Court of Appeal analysed the evidence presented at trial, focusing on the nature of the representations made by the appellant and the context in which they were communicated. It applied established principles of negligence, particularly those relating to the duty of care owed in circumstances where one party provides advice or information to another, and the foreseeability of reliance on that advice or information. The Court considered whether the appellant had exercised reasonable care in making the statements and whether the respondent had acted reasonably in relying upon them.

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