McINTYRE v PERKES CARPENTER v PERKES [1989] NSWCA 142

McINTYRE v PERKES CARPENTER v PERKES [1989] NSWCA 142

The trial judge’s findings on reliance and credibility were not clearly wrong and the assessment of damages—based on available evidence and accepted valuation methods—was adequately reasoned. Inclusion of rent in overheads was balanced by wage factors, and no error sufficient for appellate intervention was demonstrated.

Parties
Appellant: Mr and Mrs McIntyre; Appellant: Carpenter; Respondent: Perkes; Respondent: Gye
Jurisdiction
Australia
Judgment Date
31 May 1989
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Deceit, Misrepresentation, Assessment of Damages, Valuation of Property, Credibility of Witnesses
Torts Property Law Deceit Misrepresentation Assessment of Damages Valuation of Property Credibility of Witnesses

Case Brief

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Parties

Mr and Mrs McIntyre

Appellant

Carpenter

Appellant

Perkes

Respondent

Gye

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Did misrepresentations made by the appellants induce the respondents to enter into the contract for purchase?
  2. 2 Were the damages properly assessed by the trial judge?
  3. 3 Was the assessment of reliance on misrepresentation erroneous?

Ratio Decidendi

The trial judge’s findings on reliance and credibility were not clearly wrong and the assessment of damages—based on available evidence and accepted valuation methods—was adequately reasoned. Inclusion of rent in overheads was balanced by wage factors, and no error sufficient for appellate intervention was demonstrated.

Court Disposition

appeal dismissed

Orders

  • Appeals dismissed with costs
  • Cross-appeals dismissed with costs