Full Court of the Federal Court of Australia
A number of the findings made by the trial Judge in APF Properties Pty Ltd – v – Kestrel Holdings Pty Ltd & Ors were appealed by the valuer to the Full Court of the Federal Court of Australia. The primary ground of appeal concerned whether a valuer owes a duty of care to an undisclosed client to prevent economic loss. The decision is pending and could have wide implications for valuers. The Full Court will need to carefully consider the application of the High Court’s decision in Perre – v- Apand Pty Ltd  HCA 36 in its assessment of whether a valuer owes a purchaser a duty of care to avoid economic damage which could cause financial loss to them. The Judges of the High Court in Perre – v – Apand Pty Ltd had different reasons for determining how the duty of care was imposed. Unfortunately, the decision did not make it clear when such a care will be imposed. The decision by the Full Court of the Federal Court in this Appeal will be interesting in terms of how the Full Court interprets the High Court’s decision and how it will ultimately apply the decision of Perre – v – Apand to the conduct of valuers.
Halisbwyn Pty Ltd tas Mantach Whitmore Valuations -
Special Leave for the High Court of Australia
Ware & Partners successfully defeated Halisbwyn Pty Ltd's application to the High Court of Australia for special leave to appeal against the Full Court of the Federal Court's decision in Kestrel Holdings & ors - v - APF Properties Pty Ltd (2009) fcafc 144. The refusal by the High Court to grant leave affirmed the Full Court's decision settling the state of the law in relation to negligence misstatement causing economic loss.
The High Court's decision to refuse the application for special leave was Ware & Partners' final and fourth victory in this complex litigation resulting in substantial costs orders against all defendants.