Monaghan Surveyors Pty Ltd v Stratford Glen-Avon Pty Ltd [2012] NSWCA 94

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Monaghan Surveyors Pty Ltd v Stratford Glen-Avon Pty Ltd [2012] NSWCA 94 Hearing dates: 20 and 21 February 2012 Decision date: 17 April 2012 Before: McColl JA at 1, Basten JA at 2; Young JA at 113 Decision: (1) Direct the parties to file short minutes of orders within 14 days of the date of this judgment. (2) In the event that agreement is not reached on any matter, (a) each party is to file, within 28 days, its proposed orders and submissions in support thereof; (b) each party may, within a further seven days, file a brief submission in reply. (3) Any application for an extension of the times provided in these directions may be made by letter to the Associate of the presiding judge. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: DAMAGES - contract - negligent breach of contract - failure to exercise due care and skill - whether Civil Liability Act 2002 (NSW), Pt 1A applies - whether analysis under Civil Liability Act 2002 (NSW), s 5D incorporates policy questions - whether loss was reasonably within the contemplation of the parties as the probable result of the contract

DAMAGES - tort - negligence - failure to exercise due care and skill - whether Civil Liability Act 2002 (NSW), Pt 1A applies - whether analysis under Civil Liability Act, s 5D incorporates policy questions - whether loss was reasonably foreseeable - whether differing outcomes in tort and contract justified