Aurora Leasing Limited v Colliers International Belfast Limited
| Jurisdiction | Northern Ireland |
| Judge | Weatherup J |
| Judgment Date | 2013 |
| Neutral Citation | [2013] NIQB 116 |
| Year | 2013 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 05 August 2013 |
1
Neutral Citation No. [2013] NIQB 116
Ref:
WEA8960
Judgment: approved by the Court for handing down Delivered:
05/08/2013
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
________
QUEEN’S BENCH DIVISION (COMMERCIAL)
________
BETWEEN:
AURORA LEASING LIMITED
Plaintiff;
-v-
COLLIERS INTERNATIONAL BELFAST LIMITED
Defendant.
________
WEATHERUP J
[1] The plaintiff’s claim is for damages for loss and damage alleged to have been
sustained by reason of the professional negligence of the defendant as surveyor and
valuer who completed a valuation of property for the purposes of a loan proposed to
be made by the plaintiff to Rippington Bristow Limited (“the company”) with
personal guarantees provided by Paul and Mary Campbell and security provided by
the property owned by the guarantors, being the property the subject of the
defendant’s valuation. Mr Hanna QC and Ms Simpson represented the plaintiff and
Mr Simpson QC the defendant.
[2] On 7 May 2009 the plaintiff advanced to the company the sum of £901,000
repayable by 59 monthly instalments, making a total repayment of £1,289,000 to
include interest. The loan was secured by the guarantees of the Campbells and the
freehold title to the Campbells’ property at Terrace Hill, Ballynahatty Road, Shaw’s
Bridge, Belfast. The property was subject to a prior mortgage in favour of the Bank
of Scotland of approximately £2M.
[3] In January 2008 the defendant was instructed by the Campbells to provide a
valuation in respect of the property which was then valued by the defendant at
£4.5M. In August 2008 the defendant was instructed by the plaintiff to provide an
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