NSW Caselaw
New South Wales Court of Appeal
CITATION : K D Land Pty Ltd v Michael Ell & Associates Pty Ltd [2002] NSWCA 370 revised - 19/11/2002 FILE NUMBER(S) : CA 40631/01 HEARING DATE(S) : 18/07/02 JUDGMENT DATE : 19 November 2002
K D Land Pty Ltd (First Appellant) Souris Holdings Pty Ltd (Second Appellant) PARTIES : Michael Ell & Associates Pty Ltd (First Respondent) Noel Pollard (Second Respondent) Michael Ell (Third Respondent) JUDGMENT OF : Heydon JA at 1; Hodgson JA at 79; Davies AJA at 80
LOWER COURT JURISDICTION : District Court LOWER COURT DC 9207/97 FILE NUMBER(S) : LOWER COURT Naughton DCJ JUDICIAL OFFICER :
Mr G B Hall QC/Ms A P Healey (Appellants) COUNSEL : Ms J Oakley (First and Third Respondents) Mr D R Russell (Second Respondent) Bryden's Law Office (Appellants) SOLICITORS : Phillips Fox (First and Thid Respondents) McCabe Terrill (Second Respondent) CATCHWORDS : Tort - negligence - duty of care - building design and construction - partial collapse of building on plaintiffs' land - during preparation for erection of new structure on plaintiffs' adjacent land - whether engineer advising in relation to erection of new structure owed and breached a relevant duty of care to the plaintiffs - ND DECISION : The appeal is dismissed. The appellants are to pay the respondents' costs of the appeal.
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40631/01 DC 920797
HEYDON JA HODGSON JA DAVIES AJA
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