Sydney Water v Asset Geotechnical Engineering & Ors [2013] NSWSC 1274

Sydney Water v Asset Geotechnical Engineering & Ors [2013] NSWSC 1274

The excavation was carried out negligently without sufficient geotechnical assessment and proper temporary support, leading to landslip and damage to the sewer main owned by Sydney Water. Asset Geotechnical negligently failed to perform a proper geotechnical assessment, Hyde-Page was negligent as principal contractor in supervising the excavation and failing to seek proper advice or approvals, while the Liddys were negligent in failing to submit development plans to Sydney Water as required. The negligence of each was a necessary condition of the harm, and the liability is apportionable under the Civil Liability Act. The statutory claim under s44 Sydney Water Act did not succeed, as there...

Jurisdiction
Australia
Judgment Date
06 September 2013
Procedural Posture
Civil / Final Judgment
Outcome
Judgment for the plaintiff against the first, second, third and fourth defendants for apportionable damages; cross-claims otherwise dismissed; costs awarded as specified; judgment in favour of fourth cross-defendant to third cross-claim.
Legal Topics
['negligence' 'proportionate Liability' 'statutory Covenant' 'apportionment' 'building and Construction' 'damage to Property']
['torts' 'real Property' 'civil Procedure'] ['negligence' 'proportionate Liability' 'statutory Covenant' 'apportionment' 'building and Construction' 'damage to Property']

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Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 ['Whether the defendants owed Sydney Water a duty of care for damage to a sewer main caused by landslip following excavation for building works.' 'Whether the claim is subject to apportionment under Part 4 Civil Liability Act 2002 (NSW).' 'Whether the second and third defendants are liable for breach of the statutory covenant under s44 Sydney Water Act 1994 (NSW).' 'Whether the local council is a concurrent wrongdoer under s35(3) Civil Liability Act 2002 (NSW).' 'Assessment of damages and reasonable quantum for the replacement of the damaged sewer.']

Ratio Decidendi

The excavation was carried out negligently without sufficient geotechnical assessment and proper temporary support, leading to landslip and damage to the sewer main owned by Sydney Water. Asset Geotechnical negligently failed to perform a proper geotechnical assessment, Hyde-Page was negligent as principal contractor in supervising the excavation and failing to seek proper advice or approvals, while the Liddys were negligent in failing to submit development plans to Sydney Water as required. The negligence of each was a necessary condition of the harm, and the liability is apportionable under the Civil Liability Act. The statutory claim under s44 Sydney Water Act did not succeed, as there...

Court Disposition

Judgment for the plaintiff against the first, second, third and fourth defendants for apportionable damages; cross-claims otherwise dismissed; costs awarded as specified; judgment in favour of fourth cross-defendant to third cross-claim.

Orders

  • ['Judgment for the plaintiff against the first defendant in the sum of $643,517.55;' 'Judgment for the plaintiff against the second and third defendants jointly in the sum of $99,002.70;' 'Judgment for the plaintiff against the fourth defendant in the sum of $247,506.75;' 'Judgment in favour of the fourth...