| Gadens Lawyers Sydney
Pty Ltd v Symond (NSWCA) – damages – negligence - breach of contract – misleading and
deceptive conduct – negligent misstatement - appeal against assessment of
damages allowed in part |
| Valuer-General v
Fivex Pty Ltd (NSWCA) – valuation of land – unimproved value of fee simple – assumptions
in s6A(2) Valuation of Land Act 1916
(NSW) – appeal allowed |
| Walton v Walton (NSWSC) – equity – no
undue influence in execution of deed by deceased – statement of claim struck
out |
| Summaries With Link (Five Minute Read) |
Gadens
Lawyers Sydney Pty Ltd v Symond
[2015] NSWCA 50
Court of Appeal of New South Wales
McColl & Gleeson JJA; Tobias AJA
Damages - professional negligence -
contract - misleading and deceptive conduct - damages – respondent sued law
firm in relation to legal advice concerning tax consequences of revised
ownership structure of business – primary judge found appellant negligent , in breach
of contract and in contravention of s52 Trade
Practices Act 1974 (Cth) – appellant appealed against assessment of damages – held: no error in
primary judge’s comparison undertaking for assessment of loss - primary erred
in concluding respondent suffered loss by forfeiture of franking credits in
franking account – no error in determination of pre-judgment interest to be
included in respondent’s damages – appeal allowed in part.
Gadens
|
Valuer-General
v Fivex Pty Ltd
[2015] NSWCA 53
Court of Appeal of New South Wales
Basten, Gleeson & Leeming JJA
Valuation of land – unimproved value of
fee simple - appeal and cross-appeal from determination of valuations of land
on which building was erected – building found to have floor space ratio which
was greater than permitted by local government plan - primary judge had
expressly determined land value pursuant to s 6A(1) Valuation of Land Act 1916 (NSW) without making assumptions stated
in s6A(2) – primary judge held that finding of highest and best use had
consequence that assumptions identified in s6A(2) were not engaged –
whether s6A2 had further operation once highest and best use determined - mandatory assumption as to existing uses and
improvements – statutory construction - held: respondents’ construction of
s6A(2) rejected - primary judge did not err in failing to address GST treatment
of sales where argument not made at trial – appeal allowed – cross-appeal
dismissed.
Valuer-General
|
Walton
v Walton
[2015] NSWSC 218
Supreme Court of New South Wales
Stevenson J
Equity - undue influence - plaintiff and
first defendant were children of deceased - proceedings concerning deed made
between first defendant and wife on the one hand, and plaintiff on the other -
deed forgave debts owed by defendants to deceased - plaintiff asserted
execution of deed by deceased was brought about by exertion of undue influence
by defendants - held: Court satisfied deceased understood effect of entry into deed
and that deed - Court satisfied deceased’s entry into deed was her own idea -
plaintiff failed to satisfy Court deceased’s execution of deed brought about by
undue influence – statement of claim dismissed (B)
Walton
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