JPQS P/L v Cosmarnan Constructions P/L & 3 Ors [2003] NSWCA 66

JPQS P/L v Cosmarnan Constructions P/L & 3 Ors [2003] NSWCA 66

The appellant owed a duty of care to the respondents due to their reliance on progress reports for bank drawdowns. The appellant's certificates contained negligent misrepresentations regarding completion and workmanship. Evidence supported reliance and the falsity of reports. The rule in Jones v Dunkel did not apply as absence of the witness was not relevant to the findings. Damages were properly assessed based on incomplete and defective works. The appeal was dismissed.

Jurisdiction
Australia
Judgment Date
02 July 2003
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
['duty of Care' 'negligent Misrepresentation' 'reliance' "quantity Surveyor's Reports"]
['torts'] ['duty of Care' 'negligent Misrepresentation' 'reliance' "quantity Surveyor's Reports"]

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the appellant quantity surveyor owed a duty of care to the respondents' "Whether the appellant's progress reports constituted negligent misrepresentation as to completion and workmanship" 'Whether the rule in Jones v Dunkel (Armory v Delamirie) applied to missing witnesses' 'Whether damages were properly assessed for negligent misrepresentation']

Ratio Decidendi

The appellant owed a duty of care to the respondents due to their reliance on progress reports for bank drawdowns. The appellant's certificates contained negligent misrepresentations regarding completion and workmanship. Evidence supported reliance and the falsity of reports. The rule in Jones v Dunkel did not apply as absence of the witness was not relevant to the findings. Damages were properly assessed based on incomplete and defective works. The appeal was dismissed.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed with costs.']