Chaimandos v Sydney Water Corporation

The case involved a claim by the plaintiff against Sydney Water Corporation regarding soil loss beneath his property, which threatened the structural integrity of his building. The plaintiff sought interlocutory relief from the Supreme Court of New South Wales, arguing that the defendant's actions had led to the soil loss. The nature of the dispute centred around the extent of the defendant's liability for the damage caused, and whether the plaintiff was entitled to an immediate injunction to prevent further soil loss and damage to his property. The court was required to decide whether the plaintiff had established a serious issue to be tried and whether the balance of convenience favoured the granting of interlocutory relief.

The court considered the plaintiff's evidence and submissions, along with expert reports, to determine whether the defendant's activities had indeed caused the soil loss. It was noted that the cause of the soil loss was not definitively established, and that the evidence presented was insufficient to determine liability at the interlocutory stage. The court also examined the adequacy of damages as an alternative to an injunction, and weighed the balance of convenience between the parties. In assessing the balance of convenience, the court took into account the potential for further damage to the plaintiff's property and the impact of an injunction on the defendant's operations.

The court found that the plaintiff had not demonstrated a serious issue to be tried, and that the balance of convenience did not favour the grant of an interlocutory injunction. The court held that the plaintiff's claim for damages in lieu of an injunction was speculative, and that there was no clear evidence that the defendant's activities had caused the soil loss. As a result, the court dismissed the plaintiff's application for interlocutory relief. The court did not make any orders regarding the final determination of the case, leaving that matter to be resolved at a later stage.