SUE WHELAN ARCHITECTS v GILMOUR [2001] NSWCA 152

SUE WHELAN ARCHITECTS v GILMOUR [2001] NSWCA 152

There was no error in the trial judge adopting a figure within the range of percentage discounts offered by the experts to assess the diminution in value, even when the figure did not correspond directly to that of any particular expert, as it was supported by the evidence and judicial evaluation.

Parties
Appellant: Sue Whelan Architects Pty Ltd; Respondent: John Graham Gilmour & Anor
Jurisdiction
Australia
Judgment Date
18 May 2001
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
Damages Assessment, Referee Reports, Valuation Evidence, Professional Negligence
Contract Law Tort Law Trade Practices Damages Assessment Referee Reports Valuation Evidence Professional Negligence

Case Brief

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Parties

Sue Whelan Architects Pty Ltd

Appellant

John Graham Gilmour & Anor

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the trial judge erred in assessing damages based on a percentage discount not explicitly supported by expert evidence
  2. 2 Whether the trial judge was entitled to adopt parts of expert evidence and reject other parts when quantifying damages

Ratio Decidendi

There was no error in the trial judge adopting a figure within the range of percentage discounts offered by the experts to assess the diminution in value, even when the figure did not correspond directly to that of any particular expert, as it was supported by the evidence and judicial evaluation.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.