Permanent Custodians Ltd v Keenhem Pty Ltd [2012] NSWDC 123

District Court New South Wales

Medium Neutral Citation: Permanent Custodians Ltd v Keenhem Pty Ltd [2012] NSWDC 123 Hearing dates: 27 August 2012 Decision date: 27 August 2012 Jurisdiction: Civil Before: Gibson DCJ Decision: As against the second defendant: Orders in accordance with the Consent Judgment filed in court today as follows: (1) Verdict for the second defendant. (2) Second defendant pay the plaintiff $35,000 in costs. As against the fourth defendant: (1) Fourth defendant (Michael Peter Murphy) called three times outside Court 13D at 10:09am - no response. (2) Judgment for the plaintiff against the fourth defendant in the sum of $197,489.05. (3) Fourth defendant pay the plaintiff's costs. Catchwords: DAMAGES - measure of damages - negligent valuation of land for purposes of a loan - calculation of loss and interest Legislation Cited: Fair Trading Act 1987 (NSW), s 42 Fair Trading Act 1989 (Qld), s 38 Trade Practices Act 1974 (Cth), s 52 Cases Cited: La Trobe Capital & Mortgage Corporation Ltd v Hay Property Consultants Pty Ltd [2011] FCAFC 4 Provident Capital Ltd v John Virtue Pty Ltd (No 2) [2012] NSWSC 319 Texts Cited: - Category: Principal judgment Parties: Plaintiff: Permanent Custodian Ltd (ACN 001 426 384)First Defendant: Keenhem Pty Ltd (ACN 098 224 312) (in liquidation) Second Defendant: James Raymond Turner Third Defendant: Silkwax Pty Ltd (ACN 115 084 896) trading as Acval Turner Valuers Fourth Defendant: Michael Peter Murphy Representation: Plaintiff: Mr S D Kalfas SC Defendants: No appearance Plaintiff: McLachlan Thorpe Partners Defendants: No appearance File Number(s): 2011/216795 Publication restriction: None