Australia Case Law

Rayman v Brown

The Court found negligence in sheet piling works that damaged the Rayman home, rejected a non-delegable duty argument, and awarded damages plus interest.

• Duty of care
• Civil liability act 2002 (nsw) s 5b
• Conveyancing act 1919 (nsw) s 177
• Proportionate liability
• Damages for diminution in value
• Improperly obtained evidence

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Luigi Rosselli Pty Limited v Mosman Municipal Council

Luigi Rosselli Pty Limited v Mosman Municipal Council [2024] NSWLEC 1034

In a Class 1 development appeal, the Court upheld a modification application for a Mosman dwelling and modified the consent in line with the parties’ conciliated agreement.

• ['development consent modification' 'conciliation agreement' 'local environmental plan' 'floor space ratio' 'building height' 'excavation' 'hydrological investigation' 'notification requirements']
• Development-consent-modification
• Conciliation-conference
• Floor-space-ratio
• Building-height
• Excavation

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Trio Enterprises Pty Limited v Wingecarribee Shire Council

Trio Enterprises Pty Limited v Wingecarribee Shire Council [2023] NSWLEC 1563

The Court upheld a development appeal, granted consent for an 8-dwelling project at Mittagong, and ordered the applicant to pay thrown-away costs.

• ['development consent' 'development appeals' 'multi dwelling housing' 'costs thrown away' 'integrated development' 'flooding' 'excavation' 'water quality' 'environmental assessment']
• Development-consent
• Development-appeals
• Multi-dwelling-housing
• Thrown-away-costs
• Flooding

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Kimberley Co Pty Ltd v Waverley Council

Kimberley Co Pty Ltd v Waverley Council [2023] NSWLEC 1418

The Court upheld a Class 1 development appeal for a four-storey residential flat building in Vaucluse, approving consent orders and an FSR variation.

• Development application
• Floor space ratio
• View impacts
• Excavation
• Site isolation
• Traffic and parking

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Sit Family Pty Ltd v Mosman Municipal Council

Sit Family Pty Ltd v Mosman Municipal Council [2023] NSWLEC 1198

The Court upheld two Class 1 appeals by Sit Family Pty Ltd and approved modifications to a Mosman dwelling consent for a plant room and rumpus room.

• ['modification applications' 'dwelling house' 'floor space ratio' 'excavation' 'substantially the same test' 'mosman local environmental plan 2012' 'mosman residential development control plan 2012']
• Modification-application
• Development-consent
• Floor-space-ratio
• Excavation
• Substantially-the-same-test

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Easter Investment Group Pty Ltd and Anor v E & S Projects Pty Ltd Trading as the Cemento Group & Ors

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

The District Court found excavation damage to a neighbouring property was caused by demolition works and awarded the plaintiffs $134,611 plus interest and costs.

• Neighbouring properties
• Excavation
• Causation of damage
• Indemnity under deed
• Neighbouring-property-damage
• Excavation-causation

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Simpson v Mosman Municipal Council

Simpson v Mosman Municipal Council [2022] NSWLEC 1736

Class 1 development appeal concerning whether a proposed basement expansion involved excessive excavation on a steep Mosman site. The appeal was dismissed.

• ['development appeal' 'modification application' 'excavation' 'basement expansion' 'floor space ratio' 'mosman residential development control plan 2012']
• Development-appeal
• Modification-application
• Excavation
• Basement-expansion
• Floor-space-ratio

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Barel v Randwick City Council

Barel v Randwick City Council [2022] NSWLEC 1176

The Court dismissed an appeal against refusal of a dual occupancy DA, finding insufficient detail about excavation, retaining walls and contamination assessment.

• ['development application' 'dual occupancy' 'excavation' 'site suitability' 'character' 'earthworks' 'contaminated land']
• Development-application
• Dual-occupancy
• Excavation
• Retaining-walls
• Contaminated-land

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Sit Family Pty Ltd v Mosman Municipal Council

Sit Family Pty Ltd v Mosman Municipal Council [2022] NSWLEC 1032

The Court upheld a Class 1 appeal and approved a revised dwelling proposal in Mosman, finding FSR, excavation, streetscape and view impacts acceptable.

• ['development application' 'residential dwelling demolition and construction' 'floor space ratio' 'gross floor area' 'excavation and mechanical parking' 'streetscape, bulk and scale' 'view loss and view sharing' 'foreshore and scenic protection']
• Development-application
• Floor-space-ratio
• Gross-floor-area
• Excavation
• View-loss

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Merman Investments Pty Ltd v Woollahra Municipal Council

Merman Investments Pty Ltd v Woollahra Municipal Council [2021] NSWLEC 1582

A Class 1 appeal was upheld and development consent granted for a residential flat building in Double Bay, despite height and FSR contraventions.

• ['development application' 'contravention of development standards' 'floor space ratio' 'building height' 'excavation controls' 'heritage impact' 'internal amenity' 'privacy and amenity impacts']
• Development-application
• Height-of-buildings
• Floor-space-ratio
• Excavation
• Heritage-impact

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