Glenhaven Property Holdings Pty Ltd v Oaktwig Pty Ltd [2008] NSWCA 154

Glenhaven Property Holdings Pty Ltd v Oaktwig Pty Ltd [2008] NSWCA 154

The Court found there was no breach of professional duty by the respondents, as it was reasonable for Mr Bourke to form the view that the first development application had a reasonable prospect of success; the representations made were not misleading or deceptive for the purpose of the Fair Trading Act as reasonable grounds existed; Mr Walsh (not Glenhaven Property Holdings Pty Ltd) remained the party to the second development application agreement.

Jurisdiction
Australia
Judgment Date
03 July 2008
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed with costs
Legal Topics
['development Applications' 'sepp5' 'breach of Duty' 'misleading and Deceptive Conduct' 'fair Trading Act 1987' 'contractual Parties' 'environmental Planning and Assessment Act 1979']
['professional Negligence' 'contract Law' 'local Government Law' 'environmental Law'] ['development Applications' 'sepp5' 'breach of Duty' 'misleading and Deceptive Conduct' 'fair Trading Act 1987' 'contractual Parties' 'environmental Planning and Assessment Act 1979']

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Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 ['Whether the respondents breached their professional duty of care and skill in preparing a development application' 'Whether the development application had a reasonable prospect of approval by the Council or Land and Environment Court' 'Whether representations as to feasible development were misleading or deceptive under s 42 Fair Trading Act 1987' 'Whether Glenhaven Property Holdings Pty Ltd or Mr Walsh was the party to the second contract']

Ratio Decidendi

The Court found there was no breach of professional duty by the respondents, as it was reasonable for Mr Bourke to form the view that the first development application had a reasonable prospect of success; the representations made were not misleading or deceptive for the purpose of the Fair Trading Act as reasonable grounds existed; Mr Walsh (not Glenhaven Property Holdings Pty Ltd) remained the party to the second development application agreement.

Court Disposition

Appeal dismissed with costs

Orders

  • ['Appeal dismissed' 'Appellants to pay respondents’ costs']