Tepko Pty Ltd v Water Board

HIGH COURT OF AUSTRALIAGLEESON CJ,GAUDRON, McHUGH, GUMMOW, KIRBY, HAYNE AND CALLINAN JJTEPKO PTY LIMITED & ORS   APPELLANTSANDWATER BOARD  RESPONDENTTepko Pty Limited v Water Board [2001] HCA 195 April 2001S36/2000ORDER1.Amend the style of the respondent to "Ministerial Holding Corporation".2.Suspend order 1 until 3 May 2001 or earlier order and direct that any submissions by either party that order 1 would incorrectly identify the respondent be filed and served within seven days of the date of these orders.3.Otherwise appeal dismissed with costs.On appeal from the Supreme Court of New South WalesRepresentation:G K Downes QC with S J Motbey for the appellants (instructed by S A Teen)P R Garling SC with S T White and K M Guilfoyle for the respondent (instructed by Phillips Fox)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSTepko Pty Limited v Water BoardNegligence – Negligent misstatement – Economic loss – Statutory authority – No statutory obligation to answer queries – Estimate sought and "upper limit" figure provided – Whether duty of care owed – Knowledge of serious purpose – Known reliance – Assumption of responsibility – Whether appreciation of consequences of error – Whether reasonable to rely on "ball-park" figure.Practice and procedure – Separate trial of issues – Need for clear justification – Difficulties of separate trial of issues – Use of books of documents where status and relevance in the trial are uncertain – Identification of documents in evidence. Metropolitan Water, Sewerage, and Drainage...