2025/00385673
| Date | Party | Submission |
|---|---|---|
| 18/2/2026 | Respondent/Cross-Appellant | Notice of Cross Appeal (PDF, 374.6 KB) |
| 9/3/2026 | Appellant/Cross-Respondent | Submissions (PDF, 521.2 KB) |
| 26/3/2026 | Respondent/Cross-Appellant | Submissions (PDF, 3.1 MB) |
| 8/4/2026 | Appellant/Cross-Respondent | Amended Notice of Appeal (PDF, 913.0 KB) |
| 12/4/2026 | Respondent/Cross-Appellant | Notice of Contention (PDF, 274.5 KB) |
| 15/4/2026 | Appellant/Cross-Respondent | Reply (PDF, 1.5 MB) |
TORTS (other) – the first respondent is an Owner’s Corporation which is a body corporate representing the owners of a strata scheme, the other 117 respondents being owners, some past, of the lots within the scheme, which is a townhouse complex in Elermore Vale, an outer western suburb of Newcastle – on 22 September 2017, a water main running alongside and above the complex burst, and then discharged large amounts of water into the complex – the townhouses and the common property were flooded and thereby damaged – the respondents alleged the flooding was a nuisance perpetrated by the appellant, a state owned corporation created by the Hunter Water Act 1991 (NSW), and that it was a product of the appellant’s negligence – the respondents sought the damages caused by the appellant’s conduct – the primary judge found that the respondents established their nuisance claim against the appellant but did not establish their claim in negligence as the appellant was not in breach of s 43A of the Civil Liability Act 2002 (NSW) – the primary judge awarded $1,161,841.92 in damages – whether the primary judge erred in making various factual findings – whether the primary judge erred in failing to find that s 43A of the Civil Liability Act applied so that the appellant was not liable for private nuisance – whether the primary judge erred in making the order for costs on 19 November 2025.
Last updated: