TWO NOTES ON RECENT DEVELOPMENTS CONCERNING 'PROXIMITY' IN NEGLIGENCE ACTIONS: PROXIMITY AND NEGLIGENT ADVICE — THE SAN SEBASTIAN CASE
AbstractIn November 1986, the High Court handed down its decision in San Sebastian Pty Ltd v. Minister Administering the Environmental Planning and Assessment Act 1979. The importance of the decision is that four of the five Justices sitting delivered a joint judgment clarifying the approach to be taken in determining negligence actions for economic loss founded on misstatement. It confirms that the notion of proximity will be used as a determinant of the overall duty of care.
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