Shalhoub v Johnson [2020] NSWSC 1321

Supreme Court New South Wales

Medium Neutral Citation: Shalhoub v Johnson [2020] NSWSC 1321 Hearing dates: 7-10 September 2020 Date of orders: 29 September 2020 Decision date: 29 September 2020 Jurisdiction: Equity Before: Darke J Decision: Amended Statement of Claim is dismissed with costs. Catchwords: TORTS – breach – duty of care to maintain support for land under section 177, Conveyancing Act 1919 (NSW) – retaining wall built in 1920s runs adjacent to boundary between supporting land and supported land – where paling fence sits atop retaining wall – not in dispute that retaining wall provides support for supported land – defendants engage builder to perform works on supporting land in 2012 – works include removal of garden bed adjacent to retaining wall and laying of concrete slab – no provision of shoring for retaining wall – plaintiff claims works carried out negligently so as to cause retaining wall and fence to rotate and cracks to form on plaintiff's land – not shown that works were carried out negligently – held further that plaintiff failed to establish that works caused or contributed to movement or rotation of retaining wall or damage to plaintiff's land Legislation Cited: Civil Liability Act 2002 (NSW), ss 5B, 5C, 5D, 5E, 5Q Conveyancing Act 1919 (NSW), s 177 Cases Cited: Lym International Pty Ltd v Marcolongo [2011] NSWCA 303 Piling Contractors (QLD) Pty Ltd v Prynew Pty Ltd [2008] NSWSC 118 Schellenberg v Tunnel Holdings Pty Ltd (2000) 200 CLR 121; [2000] HCA 18 The Owners – Strata Plan 30791 v Southern Cross Constructions (ACT) Pty Ltd [2019] NSWSC 440 Category: Principal judgment Parties: Maria Shalhoub (Plaintiff) Michael Joseph Johnson (First Defendant) Sheila Pyper Royles (Second Defendant) Representation: Counsel: Mr M Sahade (Plaintiff) Mr C J Leggat SC (Defendants)