Casteran v Rural Valuations Pty Limited and O’Dea [2015] NSWSC 1337

Supreme Court New South Wales

Medium Neutral Citation: Casteran v Rural Valuations Pty Limited and O'Dea [2015] NSWSC 1337 Hearing dates: 11 September 2015 Date of orders: 11 September 2015 Decision date: 11 September 2015 Jurisdiction: Common Law Before: Bellew J Decision: 1. Judgment is entered for the plaintiff against each of the first and second defendants in the sum of $176,386.51. 2. The first and second defendants are to pay the plaintiff's costs as agreed or assessed. Catchwords: NEGLIGENCE – Professional negligence - Misleading and deceptive conduct – Valuation of property provided by first defendant and prepared by second defendant – Where plaintiff relied upon the valuation to advance funds to be secured by mortgage – Where default in the loan agreement – Where the valuation was outside the range which could properly have been arrived at by a competent valuer – Causes of action made out – Damages awarded in favour of the plaintiff Legislation Cited: Competition and Consumer Act 2010 (Cth) Cases Cited: Adwell Holdings Pty Limited v Smith [2003] NSWCA 103 Hann Nominees Pty Limited v National Australia Bank Ltd [2000] FCA 454 Kenny and Good Pty Limited v MGICA [1995] HCA 25; 199 CLR 413 Merivale Moore Plc v Strutt & Parker [1999] 2 EGLR 171 Category: Principal judgment Parties: Florence Casteran - Plaintiff Rural Valuations – First defendant Anthony Richard O'Dea – Second defendant Representation: Counsel: Mr S Bell - Plaintiff No appearance - Defendants