Event and Time
Event Description
This case involves Mr. Gregory Cohen and Ms. Mariela Sverdloff (the plaintiffs) who own a residential property in Double Bay and have alleged damage to their home caused by vibrations from construction work on an adjacent property owned by the Club (the first defendant). The Club hired the Builder (the second defendant) to conduct piling works, which the plaintiffs claim led to the removal of support from their land.
Application and Claims
- The plaintiffs initiated proceedings against the Club, the Builder, and the Piling Contractor (the third defendant), claiming that the vibrations from the piling work resulted in damage to their property.
- They cited a breach of statutory duty under section 177 of the Conveyancing Act 1919 (NSW), asserting that the Club had the duty not to conduct activities that would remove support from their land due to negligence.
Judicial Decisions
- The application to amend the Technology and Construction List Statement was denied, and the proceedings against the Club were dismissed with costs incurred against it.
Dispute Points and Legal Basis
Dispute Points
- Plaintiffs' Claims:
- Asserted that the vibrations from piling work conducted by the Piling Contractor caused damage to their property. - Argued that the Club breached its statutory duty by failing to prevent the use of vibratory machinery that they alleged removed support from their land.
- Defendant's Arguments:
- The Club contended that they did not directly perform the piling works, arguing that any breaches would lie with the Builder and the Piling Contractor. - They disputed the existence of a non-delegable duty under section 177 and whether the vibrations directly led to the removal of support as claimed by the plaintiffs. - The Club also emphasized that they had entered contracts with the Builder without guaranteeing the specification of construction methods to prevent vibrations.