NSW Caselaw
New South Wales Supreme Court
CITATION : Piling v Prynew Nemeth v Prynew [2008] NSWSC 118
HEARING DATE(S) : 10 - 14 September 2007
JUDGMENT DATE : 26 February 2008
JURISDICTION : Equity Division
JUDGMENT OF : Macready AsJ at 1
CATCHWORDS : 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.
PARTIES : Piling Contractors (Qld) Pty Limited v Prynew Pty Limited Ferdinand Nemeth v Prynew Pty Limited & 2 Ors
FILE NUMBER(S) : SC 55019/03; 55037/03
Mr SM Kettle for Piling COUNSEL : Mr J Simpkins SC for Prynew & Tsu Mr JE Robson SC & DS Weinberger for Nemeths Mr A HewittSc & P Dodson for QBE
Thompson Cooper Lawyers for Piling SOLICITORS : Avendra Singh & Co for Prynew and Tsu Salim Rutherford Lawyers for Nemeths Curwood & Partners for QBE
- 1 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION TECHNOLOGY AND CONSTRUCTION LIST
Associate Justice Macready
Tuesday 26 February 2008
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