Catchwords:
TORTS – breach – duty of care to maintain support for land under section 177, Conveyancing Act 1919 (NSW) – retaining wall built in 1920s runs adjacent to boundary between supporting land and supported land – where paling fence sits atop retaining wall – not in dispute that retaining wall provides support for supported land – defendants engage builder to perform works on supporting land in 2012 – works include removal of garden bed adjacent to retaining wall and laying of concrete slab – no provision of shoring for retaining wall – plaintiff claims works carried out negligently so as to cause retaining wall and fence to rotate and cracks to form on plaintiff’s land – not shown that works were carried out negligently – held further that plaintiff failed to establish that works caused or contributed to movement or rotation of retaining wall or damage to plaintiff’s land
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