Fregnan v Wollongong City Council [2019] NSWDC 81

District Court New South Wales

Medium Neutral Citation: Fregnan v Wollongong City Council [2019] NSWDC 81 Hearing dates: 22 February 2019, 25-26 February 2019 Date of orders: 27 March 2019 Decision date: 27 March 2019 Jurisdiction: Civil Before: Dicker SC DCJ (at Wollongong) Decision: (1) The Statement of Claim is dismissed. There is judgment for the defendant. (2) The plaintiffs are to pay the costs of the defendant as agreed or assessed. (3) Liberty to any party to apply for a different costs order to that in (2) above on giving notice to the other party. (4) The exhibits are to be retained for a period of three months. Catchwords: Torts – negligence - approval by defendant Council of a development application for a development adjacent to the plaintiffs' property – whether development approval was granted on an incorrect basis – whether duty of care owed to the plaintiffs – whether breach of duty of care – whether any loss suffered – pure economic loss alleged Legislation Cited: Civil Liability Act 2002 (NSW) Environmental Planning and Assessment Act 1979 (NSW) Evidence Act 1995 (NSW) Trees (Disputes Between Neighbours) Act 2006 (NSW) Cases Cited: Adeels Palace Pty Ltd v Moubarak [2009] HCA 48; (2009) 239 CLR 420 Bruce v Apex Software Pty Ltd trading as Lark Ellen Aged Care [2018] NSWCA 330 Dansar Pty Ltd v Byron Shire Council (2014) 89 NSWLR 1; [2014] NSWCA 364 Hendry v Olsson [2010] NSWLEC 1302 Ku-ring-Gai Council v Chan [2017] NSWCA 226 Rin Rim Pty Ltd v Deutsche Bank AG [2017] NSWCA 169 Scenic Tours Pty Ltd v Moore [2018] NSWCA 238 Vero Insurance Limited v Power Technologies Pty Ltd [2007] NSWCA 226 Zhang v Zayati [2018] NSWDC 385 Category: Principal judgment Parties: Michael Fregnan (First Plaintiff) Riccardo Fregnan (Second Plaintiff) Wollongong City Council (Defendant) Representation: Counsel: M Bennett (Defendant)