LIVINGSTONE & Anor v MITCHELL & Anor [2008] NSWCA 305
The purchasers failed to establish that, if properly advised, they would have obtained a home builder insurance policy because the vendors, who were in financial difficulty and unable to repair building defects, would not have been able or willing to secure insurance before settlement.
- Jurisdiction
- Australia
- Judgment Date
- 19 November 2008
- Procedural Posture
- Appeal / Court of Appeal Judgment
- Outcome
- Appeal and cross appeal dismissed with costs.
- Legal Topics
- ['causation in Hypothetical Situation' 'home Building Insurance' 'rescission Rights' 'solicitors’ Duties']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Appeal / Court of Appeal Judgment
Legal Issues
- 1 ['Whether the appellants, if properly advised, would have obtained home building insurance and the benefit of the policy' 'Whether the loss should be measured by the value of the insurance policy rather than a reduction in price']
Ratio Decidendi
The purchasers failed to establish that, if properly advised, they would have obtained a home builder insurance policy because the vendors, who were in financial difficulty and unable to repair building defects, would not have been able or willing to secure insurance before settlement.
Court Disposition
Appeal and cross appeal dismissed with costs.
Orders
- ['Appeal dismissed with costs.' 'Cross appeal dismissed with costs.']
Full Case Text
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