PPK Willoughby Pty Ltd v Baird [2020] NSWSC 1757

Supreme Court New South Wales

Medium Neutral Citation: PPK Willoughby Pty Ltd v Baird [2020] NSWSC 1757 Hearing dates: 11–14 June, 17 June, 18–21 June, 10 October, 14–15 October, 18 November 2019 12–13 May, 12–14 October 2020 Date of orders: 08 December 2020 Decision date: 08 December 2020 Jurisdiction: Common Law Before: Harrison J Decision: Judgment for the defendant with costs Catchwords: CIVIL PROCEDURE – professional negligence and misleading and deceptive conduct – where purchase of land made by plaintiff retaining defendants as its solicitors on the transaction – where defendants retained to carry out due diligence analysis of property – where land adversely affected by flood control restrictions – where report indicated land unaffected – where plaintiff not made aware of flood control restrictions until after settlement – whether defendants allegedly engaged in misleading and deceptive conduct or breached their retainer – whether plaintiff suffered loss in any event – whether Potts v Miller indicated the correct method of calculating losses on a purchase of land for redevelopment and sale – no loss established Cases Cited: Henville v Walker (2001) 206 CLR 459; [2001] HCA 52 Kenny & Good Pty Ltd v MGICA (1992) Ltd (1999) 199 CLR 413; [1999] HCA 25 Manwelland Pty Ltd v Dames & Moore Pty Ltd [2001] QCA 436 Potts v Miller (1940) 64 CLR 282; [1940] HCA 43 Wardley Australia Ltd v Western Australia (1992) 175 CLR 514; [1992] HCA 55 Category: Principal judgment Parties: PPK Willoughby Pty Ltd (Plaintiff) David Baird and others (2nd to 106th Defendants) Representation: Counsel: M Green SC with A D Crossland (Plaintiff) T M Faulkner SC with J D Williams (2nd to 106th Defendants)