CLWM4000 Business & Corporations Law

Peter is a real estate developer. He develops residential apartment complexes in the Wollongong

local area. He purchases a large block of land for $2 million and plans to build a large apartment

complex on the block at a considerable profit. But Wollongong Council denies his development

application on the basis of a road widening proposal that will substantially reduce the size of the

block. This road widening proposal reduces the value of the block of Peter's land to $1 million.

Peter obtained a council certificate from Wollongong Council before he purchased the

block of land. He reviews the information in the certificate. If the block of land had been subject to a road widening proposal then it should have been disclosed by Wollongong Council in the certificate. There is no such disclosure in the certificate. As Peter didn't bother to read the certificate before he purchased the land, he is relieved to find the council has made this mistake. He secretly knows that if Wollongong Council had been careful and included the road widening disclosure in the certificate, he would not have seen it and gone ahead with the land purchase anyway.

Peter now wants to sue Wollongong Council in negligence for economic loss. Wollongong Council

claims that negligence only applies to physical actions, not written words, and is only applicable to

physical damage to people or their property, not economic loss.

Advise Peter.