BUILDING & CONSTRUCTION - Adoption of Referee's report as to causes and results of subsidence of the support for a house resulting from excavation and faulty piling work next door.
REAL PROPERTY - General principles Nature of duty of care under s177 of Conveyancing Act 1919. Whether it extends to support of adjoining buildings. Held it does. Whether it includes omissions. Held it does not.
TORTS - NEGLIGENCE - STATUES - Whether a statutory cause of action for breach of condition of development consent arises in respect of breach of a condition imposed under s78 and s78F of Environmental Planning & Assessment Regulation 1994. Held it does.
INSURANCE - Professional indemnity insurance. Whether a breach of terms occurred. Held there was a breach.
Case Details
Citation[2008] NSWSC 118
CourtNSWSC
JurisdictionNew South Wales
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