Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hann Nominees Pty Ltd (T/As P F Hann & Co) v National Australia Bank Ltd [2000] FCA 454 NEGLIGENCE – valuation of subdividable property – Turner Method – whether rents used by the valuer represented market rents – whether time estimated to complete subdivision was underestimated – degree to which errors of the valuer afforded evidence of negligence APPEAL – negligence – whether primary Judge found the plaintiff's valuation negligent or simply wrong – where valuation was outside the range that a reasonable, non-negligent valuer could have arrived at Turner v Minister of Public Instruction (1956) 95 CLR 245 applied MGICA (1992) Ltd v Kenny & Good Pty Ltd (1996) 140 ALR 313 approved Baxter v FW Gapp & Co Ltd [1939] 2 AllER 752 applied Merrivale Moore plc v Strutt & Parker [1999] 2 EGLR 171 applied HANN NOMINEES PTY LTD (T/AS P F HANN & COMPANY) v NATIONAL AUSTRALIA BANK LTD (ACN 004 044 937) V 555 of 1999 TAMBERLIN, SUNDBERG & EMMETT JJ MELBOURNE 12 APRIL 2000
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 555 OF 1999
ON APPEAL FROM A SINGLE JUDGE
OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: HANN NOMINEES PTY LTD
(T/AS P F HANN & COMPANY)
APPELLANT
AND: NATIONAL AUSTRALIA BANK LIMITED
(ACN 004 044 937)
RESPONDENT
JUDGE: TAMBERLIN, SUNDBERG & EMMETT JJ
DATE OF ORDER: 12 APRIL 2000
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
The appeal is dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 555 OF 1999
ON APPEAL FROM A SINGLE JUDGE
OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: HANN NOMINEES PTY LTD
(T/AS P F HANN & COMPANY)
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