Singh v Sterlands Pty Limited

Singh, the appellant, brought proceedings against Sterlands Pty Limited, the respondent, in the New South Wales Court of Appeal. The dispute concerned the respondent's alleged breach of a duty of care owed to the appellant in relation to the sale of a property. The appellant claimed that the respondent, acting as a real estate agent, had failed to exercise reasonable skill and care in conducting the sale, leading to a loss for the appellant.

The primary legal issue before the Court of Appeal was whether the respondent had breached its duty of care to the appellant. This involved determining the scope of the duty owed by a real estate agent to a vendor, and whether the respondent's actions or omissions in marketing and selling the property fell below the standard of care expected of a reasonably competent agent in similar circumstances. The court also considered the causal link between any alleged breach and the loss suffered by the appellant.

The Court of Appeal found that the respondent had indeed breached its duty of care. The court reasoned that the respondent had failed to adequately market the property and had not obtained the best possible price for the appellant. The principles applied centred on the contractual and tortious duties owed by an agent to their principal, emphasizing the need for diligence, skill, and good faith in carrying out agency functions. The court held that the respondent's conduct was negligent and that this negligence directly caused the appellant to suffer a financial loss. The appeal was allowed, and the matter was remitted for an assessment of damages.