The Owners, Strata Plan 11011 v Integrated Project Services Pty Ltd & Anor (No. 2) [2015] NSWSC 554

Supreme Court New South Wales

Medium Neutral Citation: The Owners, Strata Plan 11011 v Integrated Project Services Pty Ltd & Anor (No. 2) [2015] NSWSC 554 Hearing dates: Tuesday, 28 April 2015 Decision date: 29 April 2015 Jurisdiction: Equity Division Before: White J Decision: Refer to paras [58] and [60] of judgment. Catchwords: BUILDING AND CONSTRUCTION – right of support – application for mandatory injunction requiring defendants to reinstate support to the plaintiff's land and building – parties agreed that defendants breached their duty of care in relation to the plaintiff's right of support under s 177 of the Conveyancing Act 1919 (NSW) and that some form of mandatory injunction is appropriate – where the "grout injection" method proposed by the defendants would be quicker and simpler, but riskier, than the underpinning method proposed by the plaintiff – relevance of defendant's failure to comply with development consent conditions to determining which form of work should be undertaken – held that the form of work proposed by the plaintiffs should be undertaken Legislation Cited: Conveyancing Act 1919 (NSW) Cases Cited: Piling Contractors (Qld) Pty Limited v Prynew Pty Limited [2008] NSWSC 118 Category: Principal judgment Parties: The Owners, Strata Plan 11011 (Plaintiff) Integrated Project Services Pty Limited (1st Defendant) L & C's Treasure Pty Limited (2nd Defendant) Representation: Counsel: Ms J Wright (Plaintiff) Mr D Currie (Defendants)

Solicitors: Grace Lawyers (Plaintiff) T K Legal (Defendants) File Number(s): 2015/51343