Valuer Negligence

La Trobe v ACE Insurance [2008] NSWSC 1303

This involved a lender seeking to recover from a negligent valuer’s professional indemnity insurer. The Lender claimed that REA valuers in providing a valuation to the Lender used by the Lender for the purposes of granting a loan, acted negligently, was misleading or deceptive in breach of s 52 of the Trade Practices Act and …

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PricewaterhouseCoopers Legal v Perpetual Trustees Victoria [2007] NSWCA 271

This was a decision of the Court of Appeal. There were seven lots of land with demountable homes on them held as part of a community title estate. Interstar loaned thinking they were getting security over the pre-manufactured houses. However the houses were chattels owned by their occupants not fixtures owned by the borrower. Interstar …

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La Trobe Capital & Mortgage v REA Australasia [2007] NSWSC 652

In this case the Plaintiff (La Trobe) loaned on an allegedly negligent valuation by REA Australasia Pty Limited (losing some $230,000). Afterwards the Plaintiff was advised that REA had been “replaced as a trading entity by United Valuations”. La Trobe brought proceedings seeking the re-instatement of REA so that it could seek to recover from …

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