Highland County Pty Ltd v City of Newcastle; Highland County Pty Ltd v Asquith & de Witt Pty Ltd; Asquith & de Witt Pty Ltd v City of Newcastle [2008] NSWDC 304

New South Wales District Court

CITATION: Highland County Pty Ltd v City of Newcastle; Highland County Pty Ltd v Asquith & de Witt Pty Ltd; Asquith & de Witt Pty Ltd v City of Newcastle [2008] NSWDC 304

HEARING DATE(S): 10-13 December 2007, 21-24 April 2008

JUDGMENT DATE: 22 December 2008

JURISDICTION: Civil

JUDGMENT OF: Sidis DCJ

On the claim against Newcastle City Council, plaint No 249/03 1 Verdict for the defendant. 2 The plaintiff is to pay the defendant's costs of the proceedings. On the claim against Asquith & de Witt, plaint No 145/06 1 Verdict for the defendant. DECISION: 2 The plaintiff is to pay the defendant's costs of the proceedings. 3 Verdict for the cross defendant on the cross claim. 4 The cross claimant is to pay the cross defendant's costs of the cross claim. On both actions: 1 The orders for costs are suspended until 6 February 2009 to allow any party to list the proceedings for further argument in respect of those orders. 2 The exhibits will be retained until 6 February 2009 or until further order. Reasons published.

CATCHWORDS: POWERS OF COUNCIL UNDER S 94 OF ENVIRONMENTAL PLANNING & ASSESSMENT ACT 1979 - negligent misstatement - conduct of council staff in proposed funding arrangement - whether in the nature of information or advice - terms of retainer of town planner - implied terms - whether loss or damage suffered - measure of damage

LEGISLATION CITED: Environmental Planning & Assessment Act 1979

Allsands Pty Ltd v Shoalhaven City Council (1993) 29 NSWLR 596 Astley v Austrust Ltd (1999) 73 ALJR 403 CASES CITED: Esanda Finance Corporation Ltd v Peat Marwick Hungerfords (1997) 188 CLR 241 Heydon v NRMA (2000) 51 NSWLR 1 San Sebastian Pty Ltd v Minister Administering the Environmental Planning Act (1986) 162 CLR 340