Berry v Kanakis & Ors [2002] NSWCA 68

Berry v Kanakis & Ors [2002] NSWCA 68

The appellant's trial case did not extend beyond the conceded failure to advise her to obtain a building report, and the trial judge was entitled to find on the evidence that the appellant did not relevantly rely on the respondents and would have proceeded with the purchase even if advised to obtain such a report. That threshold finding defeated causation of loss or damage, so the appeal failed.

Jurisdiction
Australia
Judgment Date
18 March 2002
Procedural Posture
Appeal From District Court Decision in Negligence and Breach of Contract Proceedings Against Solicitors / Court of Appeal Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
['solicitors Acting on Purchase of House' 'failure to Advise Purchaser to Obtain Building Report' 'causation' 'reliance' 'appellate Review of Findings of Fact' 'nominal Damages']
['negligence' 'contract' 'professional Negligence' 'conveyancing'] ['solicitors Acting on Purchase of House' 'failure to Advise Purchaser to Obtain Building Report' 'causation' 'reliance' 'appellate Review of Findings of Fact' 'nominal Damages']

Case Brief

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Procedural Posture

Appeal From District Court Decision in Negligence and Breach of Contract Proceedings Against Solicitors / Court of Appeal Judgment

Legal Issues

  1. 1 ['Whether the appellant could on appeal maintain a case that the respondents failed to advise that the contract for purchase should include provisions requiring the vendor to remedy defects.' 'Whether the trial judge erred in finding that the appellant did not relevantly rely on the respondents and would have purchased the property even if advised to obtain a building report.' 'Whether breach of contract entitled the appellant to nominal damages or affected costs.']

Ratio Decidendi

The appellant's trial case did not extend beyond the conceded failure to advise her to obtain a building report, and the trial judge was entitled to find on the evidence that the appellant did not relevantly rely on the respondents and would have proceeded with the purchase even if advised to obtain such a report. That threshold finding defeated causation of loss or damage, so the appeal failed.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed with costs.']