Owners of Strata Plan No 30791 v Southern Cross Constructions (ACT) Pty Ltd (in liquidation)

The Owners of Strata Plan No 30791 (the appellants) appealed to the Court of Appeal of New South Wales against a decision of the primary judge concerning claims of negligence against Southern Cross Constructions (ACT) Pty Ltd (in liquidation) and other respondents. The dispute centred on allegations that the respondents' building works caused a loss of support to the appellants' property, resulting in damage.

The Court of Appeal was required to determine whether the primary judge erred in dismissing the appellants' claim against certain respondents, and whether the respondents had established a defence based on the proportionate liability provisions of the *Civil Liability Act 2002* (NSW). The court also had to consider the assessment of expert evidence presented in the proceedings.

The Court of Appeal allowed the appeal in part, finding that the primary judge had erred in dismissing the appellants' claim against the first and third defendants. However, the appeal against the third respondent was dismissed. The court reserved the remaining questions regarding proportionate liability and costs for further submissions and consideration on the papers.