High Court of Australia

HTW Valuers (Central Qld) Pty Ltd v Astonland Pty Ltd [2004] HCA 54

217 CLR 640; 79 ALJR 190; 211 ALR 79

12 Nov 2004

Case Number: B99/2003

Before

Gleeson CJ, McHugh, Gummow, Kirby, Heydon JJ

Catchwords

Damages – Contract - Tort - Trade practices - Breach of contract and negligent provision of advice - Misleading and deceptive conduct - Respondent relied on valuation advice from appellant in purchasing commercial premises - Risk of decline in market value of premises from competing business not taken into account in advice - Whether damages assessed at date of contract to purchase premises or only once risk eventuated - Whether damages based on "true value" or "market value" of premises at date of contract - Whether assessment of "true value" at date of contract includes subsequent events - Purpose of damages under Trade Practices Act 1974 (Cth), s 82.

Words and phrases "true value" – "real value", "market value", "contingent loss", "actual loss".

Trade Practices Act 1974 (Cth) – ss 51A, 52(1), 82.

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