Bijok v S J Weir P/L

The case of Bijok v S J Weir P/L involved the plaintiffs, Bijok, who claimed damages for subsidence caused to their land by the defendant's excavation activities. The defendant, S J Weir P/L, was a builder who excavated next to the plaintiffs' boundary without an adequate retaining structure, resulting in damage to the plaintiffs' buildings. The legal issues that the court had to address included whether the builder had constructed the retaining wall in accordance with the engineer's designs and whether the weight of the building on the plaintiffs' land caused the subsidence.

The court found that the builder had proceeded with an unpropped retaining structure in contravention of the engineer's design. The court accepted the evidence of Mr Vreugdenburg, an engineer, who stated that the carport section of the boundary was not propped before 2 August, which was in contravention of the engineer's design. The court found that the propping design was adequate after the subsidence props were installed and the excavation proceeded without further subsidence. The court also found that the builder was solely responsible for the subsidence under the Bijok’s land.

The court found that the plaintiffs were entitled to damages for the subsidence caused to their land. The court declined to award exemplary damages as it was unable to find that the builder acted in a manner that would give rise to such an award. The plaintiffs were awarded damages in the sum of $141,952, with interest on the judgment sum in the amount of $3,750.00. The defendant was ordered to pay the plaintiffs' costs of the action to be taxed or agreed.