Kenny & Good Pty Ltd v MGICA

[1999] HCA 25
Judgment date
Case number
S66/1998
Before
Gaudron, McHugh, Gummow, Kirby, Callinan JJ
Catchwords

Tort – Misrepresentation – Valuation of property – Representation as to present and future value – Duty of care – Scope of liability of valuer – Causation and remoteness of loss – Whether liability to financier includes losses arising from subsequent fall in property market.

Damages – Negligence – Misrepresentation – Valuation of property – Remoteness and measure of damages – Whether contractual remoteness test applicable.

Trade practices – Misleading and deceptive conduct – Valuation of property – Remoteness and measure of damages.

Valuation – Property – Principles – Efficiency of market – Foreseeable risks – Whether factored into value.

Fair Trading Act 1987 (NSW), ss 42, 68.

Trade Practices Act 1974 (Cth), ss 52, 82.