Federal Court of Australia
FEDERAL COURT OF AUSTRALIA TRADE PRACTICES - NEGLIGENCE - CONTRACT - vendor of commercial property agreed to transfer benefit of fire and general insurance policy over that property to purchaser - policy had about eleven months to run - vendor contacted insurer's agent and requested arrangements be made - agent asked that purchaser contact him - property at risk of vendor until settlement - settlement took place without insurance arrangements being made - some contact made with insurer's agent during ensuing months - no insurance arranged for purchaser - premises destroyed by fire - insurer refused to indemnify purchaser - whether insurer's agent and insurer had engaged in misleading or deceptive conduct - purchaser had retained settlement agent to attend to completion of contract of sale and registration of transfer - whether settlement agent owed either contractual or tortious duty of care in respect of insurance of the property - whether duty of settlement agent co-extensive with that of a solicitor so retained.
Trade Practices Act 1974 (Cth), s 52
Tiffin Holdings Ltd v Millican (1965) 49 DLR (2d) 216 referred to Neagle v Power [1967] SASR 373 referred to Jennings v Zihali-Kiss [1972] 2 SASR 493 referred to Fitzpatrick v Parker Butterworths Unreported Judgment No. BC9604831 referred to Georgieff v Athans (1981) 26 SASR 412 referred to Luciano v D G Pty Ltd (1981) 25 SASR 568 referred to Fox v Everingham (1983) 76 FLR 170 referred to Hawkins v Clayton (1988) 164 CLR 539referred to Macindoe v Parbery (1994) 6 BPR 13,483 referred to The Green Team (WA) Pty Ltd v Brulee Pty Ltd(1995) Aust Torts Reports 81-362 followed Sande v Registrar, Supreme Court of Queensland (1996) 134 ALR 560 referred to
FRANCESCO CUSMANO v. NEVILLE PINNER, MLC INSURANCE
LTD, ASCOT REALTY PTY LTD and FRANCESCO SCALI
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