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The Issues Raised by Both Plaintiff and Defendant - Desklib

   

Added on  2020-04-01

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2ContentsL Shaddock v Parramatta City Council (1982)............................................................................................3Case introduction.....................................................................................................................................3The facts of the case................................................................................................................................3The issues raised by both plaintiff and defendant....................................................................................4The arguments presented by the Plaintiff (Appellant).............................................................................4The judgment of the court........................................................................................................................5Critical analysis of why the court............................................................................................................6Conclusion...................................................................................................................................................8Reference List.............................................................................................................................................9

3L Shaddock v Parramatta City Council (1982)Case introductionThe leading case of L Shaddock v Parramatta City Council (1982), is a landmark case as itimposes a duty of care on the public authorities that must be cater by them while furnishingwritten and oral information to the parties who are relying upon such information prior makingany decisions. Clarity is given as how to apply the test when the law of negligence misstatementsneeds to be applied in any given situation. The High Court did not confirm the English courtrulings which submit that the liability on negligent misstatements is limited to such cases wherethe authorities are providing statements and are in any professions, occupations and businesseswhich involve competence and skills. Rather the rule is extended and the court clearly states thatthe rule regarding negligent misstatements is not only applicable to information’s but alsoincludes the situations wherein advices are furnished by the public authorities. So through this case an obligation of care is extended to public authorities as well. It is now first important to analyze the facts of the case and the issues that are raised so that thedecisions of the High court can be critically evaluated. The facts of the caseFor the purpose of re-development, Shaddock & Associates Pty Ltd (‘Shaddock’) and oneanother company are intending to purchase some assets in Parramatta. Prior purchasing theproperty, the solicitor of shaddock on 10th may 1971 called the Parramatta City Council in orderto make sure that the property they are intending to purchase are not affected by any roadwidening proposals. The council submitted that there are no proposals that will affect theintended property. It is submitted that it was not a statutory requirement on the council that while giving certificatesit has an obligation to specify whether there are any road planning proposals in existence,however, it was council usual practice to state the same in red ink over the certificate. Thecertificate provided to Shaddock on 25th May 1973 does not contain information regarding anyroad widening proposals adjoining the intended property. Thus the council was silent on the

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