NSW Caselaw
New South Wales Court of Appeal
CITATION: Glenhaven Property Holdings Pty Ltd v Oaktwig Pty Ltd [2008] NSWCA 154
HEARING DATE(S): 3 June 2008
JUDGMENT DATE: 3 July 2008
JUDGMENT OF: Spigelman CJ at 1; Giles JA at 153; Tobias JA at 154
DECISION: Appeal dismissed with costs.
CATCHWORDS: Local government – Housing development – Development application – State Environmental Planning Policy No 5 (SEPP5) - Professional negligence – Breach of duty in tort and contract – Test to be applied – Whether development application had a reasonable prospect of approval - Misleading and deceptive conduct – Whether reasonable grounds for making representation – Fair Trading Act 1987, s 41 and s 42 - Contract – Parties – Whether party to second contract was corporation where incorporation after first contract
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Fair Trading Act 1987 State Environmental Planning Policy No 5
Hornsby Shire Council v Malcolm (1986) 60 LGRA 429 CASES CITED: Momentum Architects Pty Ltd v Hornsby Shire Council [2002] NSWLEC 252 Oaktwig Pty Ltd v Glenhaven Property Holdings Pty Ltd [2007] NSWSC 1533 Rambon Force Pty Ltd v Baulkham Hills Shire Council [2002] NSWLEC 146
Glenhaven Property Holdings Pty Ltd (First Appellant) Richard Martin Walsh (Second Appellant) PARTIES: Oaktwig Pty Ltd (First Respondent) John Giles Bourke (Second Respondent) Poswan Pty Ltd (Third Respondent)
FILE NUMBER(S): CA 40503/07
COUNSEL: D F Jackson QC and C D Freeman (Appellants) S Bell (Respondents)
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