Recent Cases

PPK Willoughby Pty Ltd v Baird [2021] NSWCA 312 (14 December 2021) (Basten and Leeming JJA, Simpson AJA)


Catchwords:


DAMAGES – developer purchases land by tender – developer obliged to construct development as specified in masterplan – developer makes profit – solicitors acting for developer give misleading advice concerning whether land flood affected – developer incurs costs in persuading council to remove flood notation – developer sues solicitors, advances “no transaction” case and claims difference between purchase price and “true value” – consideration of “Potts v Miller” damages – significance of absence of market for land – significance of obligation to construct development – appeal dismissed