Kirkby and Anor. v Coote

Kirkby and Anor. v Coote involved a dispute between the plaintiffs, the Kirkbys, and the defendants, including Coote and others, over damage to a house caused by landslip. The plaintiffs' house was built on steeply-sloping land, leading to settlement and damage. The central issue was whether the second defendant, an engineer, breached their duty of care by not designing footings in accordance with a geologist’s report. Additionally, the court needed to determine if the risk of further substantial damage due to an inadequate footing design could be rectified by underpinning the house or by demolishing and rebuilding it. Finally, the court had to decide if the third defendant, as the employer of the engineer, was vicariously liable for the engineer’s actions when providing the footings certificate.

The court examined the relationship between the parties and the engineer's duty of care. It found that the engineer's failure to follow the geologist’s recommendations constituted a breach of duty, given the risk of further damage from a landslip. The court held that the defect could potentially be rectified by underpinning the entire house. However, the court found the third defendant not vicariously liable, as the engineer was not acting within the scope of their employment when the footings certificate was provided.

In summary, the court found the engineer liable for breach of duty of care, held that the defect could be rectified by underpinning the house, and determined the third defendant was not vicariously liable. The court ordered the second defendant to rectify the defect by underpinning the house, and the third defendant was absolved of any vicarious liability.