Loulach Developments Pty Ltd v Roads and Maritime Services [2019] NSWSC 438

Supreme Court New South Wales

Medium Neutral Citation: Loulach Developments Pty Ltd v Roads and Maritime Services [2019] NSWSC 438 Hearing dates: 22, 23, 24 and 25 October 2018 Decision date: 18 April 2019 Jurisdiction: Common Law Before: Leeming JA Decision: 1. Judgment for the defendant.

2. In the event that either party seeks some special order as to costs, the parties are to supply agreed short minutes of order, or alternatively the orders for which they contend and submissions and any evidence in support, within 14 days of today.

3. In the absence of any application under order 2 above being received by my Associate within 14 days of today, the plaintiff is to pay the defendant's costs.

4. The exhibits are to be returned. Catchwords: LIMITATION PERIODS – negligence – when causes of action first accrued – developer incurred material wasted expense, but only sued for lost profit – wasted expense incurred more than six years before proceedings commenced, at time when profit was prospective – significance of plaintiff confining claim to lost profits – significance of interest sought to be protected by common law – cause of action on first representation statute barred – defendant failed to establish plaintiff incurred material loss from second representation prior to six years before proceedings commenced – cause of action on second representation not statute-barred

NEGLIGENCE – duty – novel duty of care – pure economic loss to developer from negligent misstatement by statutory authority to council – significance of assumption of responsibility, reliance and vulnerability – whether duty inconsistent with or sat ill with statutory obligations applicable to authority – no duty found in relation to second representation