2 Pinehill Avenue

BUILDING AND CONSTRUCTION — Negligence — Miscellaneous forms of negligent conduct — Right of support — Application of Conveyancing Act 1919 (NSW) s 177 and common law — Whether loss of support caused damage to adjoining property. TORTS — Negligence — Essentials of action for negligence — Whether there was a failure to take reasonable care — Whether any failure caused damage — Assessment of expert evidence. TORTS — Negligence — Proof of negligence — Res ipsa loquitur.

TORTS — negligence — apportionment of responsibility and damages — adjustment to reflect concurrent wrongdoing by entity not party to proceeding COSTS — party/party — general rule that costs follow the event — application of the rule and discretion — where appellant partially successful in appeal involving multiple parties — reduction commensurate with hearing time spent on successful aspects of appeal COSTS — party/party — orders when proceedings involve multiple parties on appeal — allegations of concurrent wrongdoing by respondents — appeal successful against one respondent but not against another — appellant did not pursue concurrent wrongdoing allegations at hearing — whether appellant’s costs in respect of the successful respondent should be ordered against the unsuccessful respondents

CIVIL PROCEDURE – Referral to referee – Adoption of referee report – Whether report should be rejected for actual or apprehended bias – Whether referee failed to comply with rules of natural justice