Waker v Salinovich & Associates

Waker v Salinovich & Associates involved a dispute between the plaintiff, Mr Waker, and the defendants, Salinovich & Associates, regarding the valuation of a property. Mr Waker had engaged the services of the defendants to provide an expert opinion on the value of his property, which was subsequently sold. Mr Waker sought compensation from the defendants for their alleged negligence in providing an inaccurate valuation, which he claimed resulted in a lower sale price than he could have achieved had the valuation been accurate. The matter was heard by the Supreme Court of Queensland.

The court was required to determine whether the defendants owed a duty of care to the plaintiff in providing the valuation, whether there was a breach of that duty, and whether the breach caused the plaintiff's loss. The court had to consider whether expert opinions were subject to a special duty of care, and whether the defendants' conduct fell below the required standard. The court also had to determine whether the plaintiff's loss was a reasonably foreseeable consequence of the defendants' breach of duty.

The court found that the defendants owed a duty of care to the plaintiff in providing the valuation, and that this duty was not limited by any special rules governing expert opinions. The court held that the defendants' conduct fell below the required standard, as they failed to adequately consider relevant market data and failed to provide a detailed report. The court found that the plaintiff's loss was a reasonably foreseeable consequence of the defendants' breach of duty. However, the court found that the plaintiff had not established that the loss was directly caused by the defendants' breach, as there were other factors that contributed to the lower sale price. As a result, the court dismissed the plaintiff's claim.

The court refused leave to appeal, finding that there were no grounds for appeal.