BUILDING AND CONSTRUCTION — Negligence — Miscellaneous forms of negligent conduct — Right of support — Application of Conveyancing Act 1919 (NSW) s 177 and common law — Whether loss of support caused damage to adjoining property. TORTS — Negligence — Essentials of action for negligence — Whether there was a failure to take reasonable care — Whether any failure caused damage — Assessment of expert evidence. TORTS — Negligence — Proof of negligence — Res ipsa loquitur.
Legislation Cited:
Civil Liability Act 2002 (NSW) ss 5D and 5E Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) Conveyancing Act 1919 (NSW) s 177 Corporations Act 2001 (Cth)

Owners of Strata Plan No 30791 v Southern Cross Constructions (ACT) Pty Ltd (in liquidation) [2020] NSWCA 199 (31 August 2020)