Easter Investment Group Pty Ltd and Anor v E & S Projects Pty Ltd Trading as the Cemento Group & Ors [2023] NSWDC 64

District Court New South Wales

Medium Neutral Citation: Easter Investment Group Pty Ltd and Anor v E & S Projects Pty Ltd Trading as the Cemento Group & Ors [2023] NSWDC 64 Hearing dates: 28, 29 and 30 November 2022, 8 March 2023 Date of orders: 22 March 2023 Decision date: 22 March 2023 Jurisdiction: Civil Before: Weber SC DCJ Decision: (1) That there be judgment for the plaintiff against the defendants jointly and severally in the sum of $134,611. (2) Interest thereon at the rates pertaining from time to time pursuant to the provisions of section 100 of the Civil Procedure Act (3) Order that the defendant pay the plaintiff's costs. Catchwords: Damage to Property – Neighbouring properties - Damage to neighbouring property from excavation of neighbouring building – Where there are questions of causation of damage Legislation Cited: Evidence Act 1995 (NSW) Civil Procedure Act Cases Cited: Jones v Dunkel (1959) 101 CLR 298 Category: Principal judgment Parties: First Plaintiff: The Easter Investment Pty Ltd Second Plaintiff: C.B. Enterprises Int. Pty Ltd First Defendant: E & S Projects Pty Ltd Second Defendant: Stephen Fabrizio Third Defendant: Corus No 1 Pty Ltd Fourth Defendant: Corus No 2 Pty Ltd Fifth Defendant: Corus No 3 Pty Ltd Sixth Defendant: Corus Group Pty Ltd Seventh Defendant: Cemento Constructions Pty Ltd Eighth Defendant: Enzo Salsano Representation: Counsel: Plaintiffs: Mr O'Connor Defendants: Mr Auld