Wilson v Madden

In *Wilson v Madden* [1992] NSWCA 274, the New South Wales Court of Appeal considered a dispute between the appellant, Wilson, and the respondent, Madden. The case concerned an appeal against a decision of the Supreme Court of New South Wales.

The primary legal issues before the Court of Appeal were whether the primary judge had erred in finding that the respondent had established a claim for negligent misstatement, and if so, whether the damages awarded were appropriate. Specifically, the court had to determine if the respondent had relied on the appellant's alleged misrepresentations to their detriment.

The Court of Appeal analysed the elements of negligent misstatement, focusing on the duty of care owed by the appellant to the respondent, the breach of that duty through the provision of inaccurate information, and the causal link between the misstatement and the respondent's loss. The court applied established principles regarding the reliance required for such a claim and the assessment of damages in tort.

Ultimately, the Court of Appeal found that the primary judge had not erred in their findings and dismissed the appeal, upholding the original decision and the damages awarded.