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ARTICLE · 13 FEBRUARY 2017

The cost of an inaccurate planning certificate

Corrs Chambers Westgarth
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Failure to supply accurate information may mean responsibility for loss suffered by an entity relying on the certificate.

AustraliaReal Estate and Construction
Leanne O'Brien
Leanne O'Brien
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The recent decision of the Supreme Court in Geju Pty Ltd v Central Highlands Regional Council (No 2)1 concerns whether a council can be held liable for providing misleading information to an entity and, in particular, to an entity that did not request that information.

The decision distils key issues for local governments and potential purchasers of land:

  1. Does a local government owe a duty of care to a third party (including a potential purchaser) in issuing accurate information, namely, a statutory planning and development certificate2, even though that third party did not request the information from the Council and in fact is unknown to the Council? Such a duty may exist if, among other things, there:

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