Elias v Alloha Formwork & Construction Pty Ltd (No 2) [2017] NSWSC 1716

But for Mr Farah's negligence, the structural drawings would have specified foundations suitable for a class H1 site, and the rectification work would have been unnecessary; therefore, Mr Farah's negligence was a necessary condition of the occurrence of the defective work.

Parties: First Plaintiff: Toni Elias; Second Plaintiff: Saide Elias; First Defendant: Alloha Formwork & Construction Pty Ltd; Second Defendant: Antonios Boumelhem; Third Defendant: Monzer Farah
Jurisdiction: Australia
Judgment Date: 08 December 2017
Procedural Posture: Civil / Supplementary Judgment Following Application to Reopen Judgment
Outcome: Supplementary judgment addressing causation; original conclusion affirmed.
Legal Topics: Reopening Judgment, Duty of Care, Causation

Civil Procedure Negligence Reopening Judgment Duty of Care Causation

Case Brief

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1

Parties

Toni Elias

First Plaintiff

Saide Elias

Second Plaintiff

Alloha Formwork & Construction Pty Ltd

First Defendant

Antonios Boumelhem

Second Defendant

Monzer Farah

Third Defendant

Procedural Posture

Civil / Supplementary Judgment Following Application to Reopen Judgment

Legal Issues

1 Whether but for the third defendant's negligence the plaintiff would have suffered loss
2 Whether the issue of causation has been adequately addressed

Ratio Decidendi

Court Disposition

Supplementary judgment addressing causation; original conclusion affirmed.