Sinclair v SSET Constructions Pty Limited

The appeal concerned a claim for damages arising from alleged professional negligence. The appellant, Sinclair, appealed against an award of damages granted to the respondent. The dispute centred on the respondent's claim for loss of a chance to acquire a property that had been sold by Mr and Mrs Davey to a purchaser named Ventus.

The primary legal issue before the court was whether the respondent had suffered a loss due to the appellant's negligence, specifically concerning the loss of a chance to acquire the property. This required the court to determine if the respondent had a reasonable prospect of acquiring the property, given the circumstances at the time they made their offer.

The court found that by the time the respondent made an offer of $1.48 million on 1 May 1999, Mr and Mrs Davey had already agreed to terms with Ventus, which included an undertaking not to sell the property to anyone else pending the exchange of contracts on 3 May 1999. In light of this prior agreement, the court reasoned that it was speculative to conclude that the respondent had any reasonable prospect of acquiring the property. The court allowed the appeal, setting aside certain orders and ordering the respondent to pay the appellant's costs of the appeal.