Alfred is a solicitor for his client Lucy. Lucy wishes to buy a property near Bowral, south of Sydney but is concerned that any extension to the expressway may lower the propertys value.

Alfred contacts the Council and Julie answers the phone. Alfred asks Julie if there is any likelihood of an extension of the freeway in the next five years that would go near the property.

Julie speaks to her manager Jim who says there are no current extension proposals.

In fact, two months earlier the State Government had notified the council and Jim of a proposal to extend the freeway directly through the property that Julie was buying. Jim did not read his email as he was busy looking at a proposal for a Very Fast train through Bowral.

Lucy buys the property and its value falls significantly when the State government announces the freeway extension.

1. Advise Lucy whether she has a claim against the Council.
2. What area of Tort law could she use?
3. Are there any cases that assist your arguments ?
4. Are there any provisions of the ACL that could also be used?