HILL v GRAND UNITED FRIENDLY SOCIETY and ANOR [1998] NSWCA 106

HILL v GRAND UNITED FRIENDLY SOCIETY and ANOR [1998] NSWCA 106

Mr Hill failed to establish that his losses were probably caused by the respondents or either of them, as he would have proceeded with the borrowing on the available terms regardless of the alleged misstatement.

Parties
Appellant: Mr Hill; First Respondent: Grand United Friendly Society; Second Respondent: Mr Downing
Jurisdiction
Australia
Judgment Date
03 August 1998
Procedural Posture
Civil Appeal / Court of Appeal
Outcome
appeal dismissed with costs
Legal Topics
Negligent Misstatement, Causation
Tort Law Negligent Misstatement Causation

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Hill

Appellant

Grand United Friendly Society

First Respondent

Mr Downing

Second Respondent

Procedural Posture

Civil Appeal / Court of Appeal

Legal Issues

  1. 1 Whether the respondents are liable to the appellant for losses alleged to have been caused by negligent misstatement relating to the capitalisation of interest on a loan.

Ratio Decidendi

Mr Hill failed to establish that his losses were probably caused by the respondents or either of them, as he would have proceeded with the borrowing on the available terms regardless of the alleged misstatement.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed with costs.