Alexander Kalantzis v Edmund Brown

2025/00192733

TORT (other) – Edmund Brown (the first respondent) purchased a home in Gosford, where he lived with his partner, Irena Saric (the second respondent) – their property was adjacent to a development site owned by Etna Developments Pty Ltd (the third respondent, referred to as the developer), which planned to excavate nine metres to construct 55 apartments – the developer engaged Nutek Constructions Pty Ltd (the fourth respondent, referred to as the builder or Nutek) – over time, the first respondent’s property began showing signs of damage, eventually culminating in a landslip that trapped their vehicles and rendered their home nearly worthless – the land remains unstable and is expected to deteriorate further – the first and second respondents sued the developer and builder for trespass, alleging excavation beyond the property boundary, and for negligence – by the time of trial, both the developer and builder had gone into liquidation – the remaining defendants were members of the Kalantzis family (including Messrs Alexander and Nicholas Kalantzis), who ran or worked for Nutek – the primary judge was satisfied that, on the balance of probabilities, each of the defendants trespassed onto the first and second respondents’ land – the primary judge also found that the developer and builder’s conduct was negligent and in breach of a duty of care owed to the first and second respondents – the primary judge held that, as each director trespassed on the land on behalf of the company, each director is personally liable – whether the primary judge erred in finding that Alexander Kalantzis undertook excavation work at or near the western boundary and removed support to the first and second respondents property – whether the primary judge erred in concluding that Alexander Kalantzis’ conduct materially contributed to the destabilisation and collapse of the first and second respondents' driveway and land – whether the primary judge erred in applying the civil standard of proof by drawing adverse findings against Alexander Kalantzis from inferences that were not supported by persuasive or probative evidence – whether the primary judge erred in finding that Alexander Kalantzis committed trespass onto and over the first and second respondents’ land – whether the primary judge erred in apportioning liability to Alexander Kalantzis in a manner inconsistent with the findings on responsibility and site management – whether the primary judge failed to make allowances for Alexander Kalantzis’ position as a self-represented litigant.

Brown v Etna Developments Pty Ltd [2025] NSWSC 358