Esanda Finance Corporation Ltd v Peat Marwick Hungerfords

Esanda Finance Corporation Ltd v Peat Marwick Hungerfords was a High Court of Australia case regarding the liability of auditors to third parties.

The appellant, Esanda, loaned money to a corporation in reliance on a report prepared by a finance company, Peat Marwick Hungerfords.

Central to this argument was that Esanda had suffered a loss which would not have occurred if not for reliance on Excel's audited accounts, which were prepared with a breach of standards.

This case is generally seen as authority for the proposition that auditors do not owe a duty of care to third parties.

However, the case was decided using the multi-factorial approach with reasons against finding a duty being: that Esanda, as a corporation, was not vulnerable as it could have made its own enquiries regarding the financial position of the borrower; and that allowing the appeal may have given rise to indeterminate liability to the auditor.