Flemington Properties Pty Ltd v Raine & Horne Commercial Pty Ltd [1998] FCA 592

FEDERAL COURT OF AUSTRALIA

CONTRACT - land valuation - land valuers requested to provide valuation of adjoining lots of land including "worst case" valuation - whether breach of implied term of skill and care not to warn land buyers relying on valuation that Valuer-General may not value the land in accordance with Valuation of Land Act 1916 - correct method of valuation under Valuation of Land Act. TRADE PRACTICES - misleading and deceptive conduct - whether misleading and deceptive for valuer not to warn land buyers of possible effects of incorrect valuation by the Valuer-General. DAMAGES - whether loss suffered - correct method of calculation of loss. Valuation of Land Act 1916 (NSW) ss 26, 27 Commissioner for Railways (NSW) v Wynyard Holdings Ltd (1973) 1 NSWR 1 referred to Johnson v Perez (1988) 166 CLR 351 cited FLEMINGTON PROPERTIES PTY LIMITED v RAINE & HORNE COMMERCIAL PTY LIMITED AND RONALD C AITKEN NG 715 of 1997 TAMBERLIN, KIEFEL AND MERKEL JJ 29 MAY 1998 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 715 of 1997

On appeal from a judge of the federal court of australia

BETWEEN: FLEMINGTON PROPERTIES PTY LIMITED

Applicant

AND: RAINE & HORNE COMMERCIAL PTY LIMITED

First Respondent

RONALD C AITKEN

Second Respondent

JUDGES: tamberlin, kiefel AND MERKEL jj

DATE OF ORDER: 29 May 1998

WHERE MADE: sydney

THE COURT ORDERS THAT: 1. The appeal and cross-appeal be dismissed. 2. The appellant pay the respondents' costs of and incidental to the appeal. 3. The respondents pay the appellant's costs of and incidental to the cross-appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA