NSW Caselaw
Reported Decision : (1999) Aust Torts Reports 81-525
New South Wales Court of Appeal CITATION : Tepko Pty Ltd & Ors v Water Board [1999] NSWCA 40 FILE NUMBER(S) : CA 40435/96 HEARING DATE(S) : 01/03/99; 02/03/99 JUDGMENT DATE : 29 September 1999
PARTIES : Tepko Pty Limited & Ors v Water Board JUDGMENT OF : Mason P at 1; Beazley JA at 28; Fitzgerald AJA at 29
LOWER COURT JURISDICTION : Supreme Court LOWER COURT FILE NUMBER(S) : 30023/91 LOWER COURT JUDICIAL OFFICER : Allen J
COUNSEL : S J Downes QC/S J Motbey (Appellant) P R Garling SC/ S T White (Respondent) SOLICITORS : S A Teen (Appellant) Phillips Fox (Respondent) CATCHWORDS : Negligent misstatement; misfeasance in public office; duty of care; breach; pure economic loss; liability for negligent information or advice; reliance; inducement; necessity for further inquiry by representee; consideration of representor's knowledge of representee's contemplated transaction; whether representor had knowledge that information was basis for critical step by representee; foreseeability; "control" of representor; "vulnerability" of representee; consideration of Perre v Apand Pty Ltd [1999] HCA 26. DECISION : Appeal dismissed with costs.
THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL
CA 40435/96 ALD30023/91
MASON P BEAZLEY JA FITZGERALD JA Wednesday, 29 September 1999 TEPKO PTY LIMITED & ORS v WATER BOARD
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