Key Points:

• Background:

  • Byron Stanley sued his listing agent, Derek Grech, and AHA for negligence related to the sale of his property, SL1.
  • The property required consent from the owner of the adjoining lot (SL2) for redevelopment.
  • Stanley claimed Grech failed to advise him about this limitation and set an excessively high list price, causing delays and financial losses.

• Trial Court Decision:

  • The judge found Grech breached his duty of care by not recommending legal advice but ruled this did not cause Stanley's damages.
  • Stanley's claims regarding the high list price and resulting damages were dismissed.

• Appeal Decision:

  • The appeal was dismissed. The Court found no legal errors in the trial judge’s reasoning.
  • Stanley's failure to challenge the judge’s findings on the list price negligence limited the appeal to the failure to recommend legal advice.
  • The Court agreed that causation arguments were speculative and lacked evidentiary support.

• Legal Analysis:

  • No expert evidence established that a reasonable real estate agent would have understood SL1's limitations.
  • The judge found no obvious or egregious breach of care by Grech.
  • The potential outcomes of earlier legal advice were speculative, with no proof of a better economic position.

Outcome:

The Court of Appeal upheld the trial court’s decision, affirming that the breach of duty by Grech did not cause Stanley’s financial losses, thus dismissing the appeal. No monetary compensation was specified.