Leakes Road Property Development Pty Ltd v Brasse
Court of Appeal
Emerton P, Niall and Kennedy JJA
26/03/2024
[2024] VSCA 34
Tort — Professional negligence — Damages — Causation — Sale of land transaction — Section 32 statement under the Sale of Land Act 1962 (Vic) — Solicitor omitted to attach certificate disclosing liability for Growth Areas Infrastructure Contribution — Purchaser sought to rescind contract of sale for failure to comply with s 32 of the Sale of Land Act and claimed repayment of deposit — Reasonable compromise of claim on terms that vendor partially repay deposit — Vendor sought to recover from solicitor deposit repaid to purchaser — Whether vendor required to prove counterfactual that purchaser would have entered into contract for sale of land but for solicitor’s negligence — Whether onus of establishing counterfactual satisfied by inferences available on the evidence
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