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

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

The damage to 1 John Street, including cracking of the slab and damage to the grease trap, was caused by over excavation and lack of underpinning during defendants' demolition works. The Deed imposed joint and several liability on all defendants for such damage, entitling plaintiffs to damages for rectification costs and the unpaid invoice.

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
Jurisdiction
Australia
Judgment Date
22 March 2023
Procedural Posture
Civil / Final Judgment After Hearing
Outcome
Judgment for the plaintiffs against the defendants jointly and severally
Legal Topics
Neighbouring Properties, Excavation, Causation of Damage, Indemnity Under Deed
Damage to Property Neighbouring Properties Excavation Causation of Damage Indemnity Under Deed

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Parties

The Easter Investment Pty Ltd

First Plaintiff

C.B. Enterprises Int. Pty Ltd

Second Plaintiff

E & S Projects Pty Ltd

First Defendant

Stephen Fabrizio

Second Defendant

Corus No 1 Pty Ltd

Third Defendant

Corus No 2 Pty Ltd

Fourth Defendant

Corus No 3 Pty Ltd

Fifth Defendant

Corus Group Pty Ltd

Sixth Defendant

Cemento Constructions Pty Ltd

Seventh Defendant

Enzo Salsano

Eighth Defendant

Procedural Posture

Civil / Final Judgment After Hearing

Legal Issues

  1. 1 Whether damage to 1 John Street, including slab and grease trap, was caused by defendants' demolition and excavation works
  2. 2 Whether the defendants are liable under the Deed for rectification costs

Ratio Decidendi

The damage to 1 John Street, including cracking of the slab and damage to the grease trap, was caused by over excavation and lack of underpinning during defendants' demolition works. The Deed imposed joint and several liability on all defendants for such damage, entitling plaintiffs to damages for rectification costs and the unpaid invoice.

Court Disposition

Judgment for the plaintiffs against the defendants jointly and severally

Orders

  • That there be judgment for the plaintiff against the defendants jointly and severally in the sum of $134,611.
  • Interest thereon at the rates pertaining from time to time pursuant to the provisions of section 100 of the Civil Procedure Act