Question
Part B. Mrs. Anton asked her accountant Mr. Bruckner for investment advice. On behalf of his client Mr Bruckner telephoned the City of Casey, (a
Part B.
Mrs. Anton asked her accountant Mr. Bruckner for investment advice. On behalf of his client Mr Bruckner telephoned the City of Casey, (a municipality in outer Melbourne, Victoria),and asked them about their plans to rezone farmland in the suburb ofPakenham, (part of the Casey municipality), to allow residential development. In particular, he asked them about any road widening or other construction proposals that may affect the value of real property in the area to be rezoned.
He was told by a council clerk that "To the best of my knowledge there are no specific road widening proposals that may affect any part of the area, but I cannot be 100% sure as at this stage the rezoning and redevelopment proposal is in the early planning stages, and the situation may change."
Mr. Bruckner then advised Mrs. Anton in a letter dated 1 April 2021 to purchase land in the suburb of Pakenham because the area was about to be rezoned to allow residential development, and land values would triple because of the rezoning. He did not mention anything about the current position of the rezoningand redevelopment plans.
On the basis of this advice, Mrs. Anton purchased a parcel of existing farmland for $3,000,000 but a few months later was shocked to discover that due to an access road to the PrincesHighway being built through her land, the land she had purchased for $3,000,000 had now decreased in value to $1,000,000.
Your Task:
Advise Mrs. Anton of her rights in negligence (excluding rights through contract law remedies) against Mr Bruckner and the City of Casey.
Provide footnote references.
(Max 1500 words)
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