Tan v Hii [2013] NSWDC 118

Tan v Hii [2013] NSWDC 118

Although Dr Hii breached his contractual obligation to inspect for 'drummy' cement render in the immediate vicinity of Ms Tan's unit, there was no evidence that such a defect existed in that area or that Ms Tan suffered loss as a result. Thus, causation was not established and damages could not be quantified.

Jurisdiction
Australia
Judgment Date
03 May 2013
Procedural Posture
Civil / Judgment
Outcome
Plaintiff's claim dismissed.
Legal Topics
['pre Purchase Inspection' 'strata Property' 'common Property Defects' 'causation' 'damages']
['contract' 'negligence'] ['pre Purchase Inspection' 'strata Property' 'common Property Defects' 'causation' 'damages']

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Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 ['Whether Dr Hii owed a contractual and tortious duty to Ms Tan as a pre-purchase inspector' 'Scope and standard of obligation in pre-purchase inspections for strata units' 'Whether breach of contract or duty occurred in inspection' 'Causation of loss and assessment of damages']

Ratio Decidendi

Although Dr Hii breached his contractual obligation to inspect for 'drummy' cement render in the immediate vicinity of Ms Tan's unit, there was no evidence that such a defect existed in that area or that Ms Tan suffered loss as a result. Thus, causation was not established and damages could not be quantified.

Court Disposition

Plaintiff's claim dismissed.

Orders

  • ["Dismiss the plaintiff's claim." "Order the plaintiff pay 70 per cent of the defendant's costs."]