R.T & Y.E. FALLS INVESTMENTS PTY. LTD. v. STATE OF NEW SOUTH WALES [2007] NSWCA 18

New South Wales Court of Appeal

CITATION: R.T & Y.E. FALLS INVESTMENTS PTY. LTD. v. STATE OF NEW SOUTH WALES [2007] NSWCA 18

HEARING DATE(S): 29/11/2006

JUDGMENT DATE: 23 February 2007

JUDGMENT OF: Beazley JA at 1; Hodgson JA at 2; Ipp JA at 3

DECISION: 1. The orders made by Palmer J are set aside.; 2. There will be judgment for Falls Investments in the sum of $175,000.00.

CATCHWORDS: NEGLIGENCE – NEGLIGENT MISSATEMENT – CAUSATION – whether representations made by the respondent caused economic loss or damage to the defendant - NEGLIGENCE – DUTY OF CARE – whether respondent, having made representations to the appellant, owed the appellant a duty not to leave the appellant in error when the representation became falsified by a change in circumstances – whether the respondent should have told the appellant the truth about a political issue - NEGLIGENCE – CONTRIBUTORY NEGLIGENCE – whether a business decision to take the risk that the respondent might not approve of its proposal amounted to contributory negligence - DAMAGES – whether uncertainties in proof of the appellant's case precluded an award of damages to the appellant – quantification – whether and what discount in damages to be awarded against the appellant

Cattle Compensation Act 1951 (NSW) LEGISLATION CITED: Fair Trading Act 1987 (NSW) Stock Diseases Act 1923 (NSW)

CASES CITED: Brownlie v Campbell (1890) 5 App Cas 925Caledonian Collieries v Speirs (1957) 97 CLR 202Graham Barclay Oysters Pty Ltd v Ryan (2002) 211 CLR 540Great Lakes Shire Council v Dederer & Anor; Roads & Traffic Authority v Dederer & Anor [2006] NSWCA 101Perre v Apand Pty Ltd (1999) 198 CLR 180R T & Y E Falls Investments Pty Limited v State of New South Wales [2001] NSWSC 1027R T & Y E Falls Investments Pty Limited v State of New South Wales [No.2] [2005] NSWSC 335San Sebastian v The Minister Administering the Environmental Planning and Assessment Act 1979 (1986) 162 CLR 341State of New South Wales v R T & Y E Falls Investments Pty Ltd; R T & Y E Falls Investments Pty Ltd v State of New South Wales (2003) 57 NSWLR 1Westpac Banking Corporation v Robinson (1993) 30 NSWLR 668With v O'Flanagan [1936] Ch 575