Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Executor Trustees Limited v Propell National Valuers (WA) Pty Ltd [2011] FCA 522 Citation: Australian Executor Trustees Limited v Propell National Valuers (WA) Pty Ltd [2011] FCA 522
Parties: AUSTRALIAN EXECUTOR TRUSTEES LIMITED (ACN 007 869 794) and SEIZA MORTGAGE COMPANY PTY LTD (ACN 114 436 412) v PROPELL NATIONAL VALUERS (WA) PTY LTD (ACN 009 455 056) and TRAVIS COLEMAN
File number: NSD 974 of 2010
Judge: BARKER J
Date of judgment: 18 May 2011
Catchwords: TRADE PRACTICES – whether representations contained within a valuation of property provided by the respondents for the purpose of ascertaining whether property represented acceptable security for mortgage purposes were misleading or deceptive or were likely to mislead or deceive contrary to s 52 of the Trade Practices Act 1974 (Cth) –– whether valuation fell within accepted range of values that a competent valuer might ascribe to the value of the subject property valued – whether appropriate for expert witnesses to take into account sales subsequent to the date of valuation for the purposes of the proceedings – whether second respondent involved in the contravention within the meaning of s 75B of the Trade Practices Act 1974 (Cth) TRADE PRACTICES – whether applicants relied upon the representations in the valuation – where evidence of reliance of the applicants upon the valuation limited - reliance on valuation by applicants made out on the balance of probabilities and by proper inference drawn from the evidence NEGLIGENCE - whether second respondent owed a duty of care for the purposes of the law of negligence to the applicants – where second respondent is a licensed valuer employed by first respondent, and who prepared and signed the valuation - whether second respondent assumed personal responsibility towards the applicants – where second respondent knew the valuation would be relied upon by applicants for mortgage security purposes
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