30 Aug 2010
OTEHA INVESTMENTS LTD V SIMON YATES PLANNING LTD AND ANOR HC AK CIV-2008-404-6556
- Citation
- openlaw-0791892d_be3e_487b_b8f1_fc64eafff8d5.pdf
- Court
- High Court
The High Court held that pre-lodgement paid advisory meetings are materially different from quasi-judicial statutory consent decisions; the policy considerations relied on in Morrison and Bella Vista do not automatically negate a Hedley Byrne negligent misstatement duty in the pre-application advisory context, and therefore it could not be said at strike out stage that no duty could be owed; the strike out was quashed and the negligence claim reinstated.