Armidale City Council v Alec Finlayson Pty Ltd [1999] FCA 330

FEDERAL COURT OF AUSTRALIA

Armidale City Council v Alec Finlayson Pty Ltd [1999] FCA 330 Negligence – duty of care – breach of duty – damages – pure economic loss – loss of profits – remediation costs – council negligent in approving development applications – contaminated land re-zoned for residential purposes – whether a statement of environmental effects by a consulting valuer and registered surveyor negated the existence of the council's duty of care – whether the council's duty of care was limited to making a determination under s 90 of the Environmental Planning and Assessment Act 1979 (NSW) – whether a private cause of action in negligence was negated by the statutory rights of appeal under the EPA Act – whether the harm to the respondent's reputation was caused by public misapprehension or misleading or unfair media publicity rather than the council's negligence – whether the trial judge quantified a loss of profits claim rather than the loss of opportunity to earn profit – whether the trial judge allowed for the chance that the NSW Environment Protection Authority may not have required stringent remedial measures – whether the award of damages for remediation costs should have been discounted on the basis of that chance.

Environmental Planning Assessment Act 1979 (NSW) – ss 90(1), 77(3), 76(2)

Environmentally Hazardous Chemicals Act 1985 (NSW) – s 35 Contaminated Land Management Act 1997 (NSW) – s 21 Sutherland Shire Council v Heyman (1985) 157 CLR 424 – cons. Avenhouse v Hornsby Shire Council ((1998) 44 NSWLR 1 – cons. Donoghue v Stevenson [1932] AC 562 – cons. Pyrenees Shire Council v Day (1998) 192 CLR 330 – cons. Romeo v Conservation Commission (NT) (1998) 192 CLR 431 – cons. Hawkins v Clayton (1988) 164 CLR 539 – cited Albert Shire Council v Bamford (1998) 97 LGERA 33 – cited Mahmud v Bank of Credit and Commerce International SA [1998] AC 20 – cited Bryan v Maloney (1995) 182 CLR 609 – cited Sellars v Adelaide Petroleum NL (1994) 179 CLR 332 – cited Malec v J C Hutton Pty Ltd (1990) 169 CLR 638 – cited March v E and M H Stramare (1991) 171 CLR 506 – cited