NSW Caselaw
Reported Decision : (2001) Aust Torts Reports 81-625
New South Wales Supreme Court
CITATION : Paige v FPI Limited & Anor [2001] NSWSC 627 CURRENT JURISDICTION: Civil FILE NUMBER(S) : SC 19441/93 HEARING DATE(S) : 4 - 14 June 2001 JUDGMENT DATE : 27 July 2001
Peter Rankin Paige (Plt) PARTIES : Kaye Paige (Plt) FPI Limited (1st Def) Bruce McDonald (2nd Def) JUDGMENT OF : McClellan J at 1
B Donovan QC/C Locke/J Mendel COUNSEL : S Epstein SC (1st Def) F Carnovale (3rd Def) David Velleley (Plt) SOLICITORS : Corrs Chambers Westgarth (1st Def) Gillis Delaney Brown (3rd Def) CATCHWORDS : Negligence - financial advice - where adviser should in the circumstances have informed clients that there were risks to their capital - whether reasonable basis for investments recommended - where representation that investment was secure Trade Practices Act 1974 LEGISLATION CITED : Fair Trading Act 1987 Securities Industries Act 1980 Corporations (Unlisted Property Trusts) Amendment Act 1991 Esanda Finance Corporation Limited v Peat Marwick Hungerfords (1997) 188 CLR 241 San Sebastian Properties Pty Ltd v Minister Administering the Environmental Planning and Assessment Act 1979 (1986) 162 CLR 340 CASES CITED : NMFM Property Pty Ltd v Citibank Ltd (No 10) (2000) FCA 1558 MGICA (1992) Ltd v Kenny & Good Pty Ltd (1996) 77 FLR 307 Potts v Miller ((1940) 64 CLR 282 Kenny & Good Pty Ltd & Anor v MGICA (1992) Limited (1999) 199 CLR 413 DECISION : See para 218
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