Shalhoub v Johnson

Shalhoub v Johnson involved a dispute between the plaintiffs, the Shalhoub family, and the defendants, the Johnson family, concerning the maintenance of a retaining wall that provided support to the Shalhoub's property. The case was heard in the Supreme Court of New South Wales. The plaintiffs claimed that the defendants' works on their property had caused damage to the Shalhoub's land by rotating the retaining wall and causing cracks to form. The court was required to determine whether the defendants were negligent in carrying out their works and whether this negligence caused or contributed to the damage to the Shalhoub's property.

The court examined the evidence and found that while it was not in dispute that the retaining wall provided support to the Shalhoub's land, there was no evidence that the defendants had acted negligently in carrying out their works. The court further found that the plaintiffs had failed to establish that the defendants' works had caused or contributed to the movement or rotation of the retaining wall or the damage to the Shalhoub's land. The court held that the defendants were not liable for the damage to the Shalhoub's property.

The Supreme Court of New South Wales dismissed the plaintiffs' claim in its entirety and awarded costs to the defendants. The court found that the plaintiffs had failed to establish the defendants' negligence and that the defendants' works did not cause or contribute to the damage to the Shalhoub's property. The court's decision highlights the importance of establishing causation and negligence in cases involving damage to property caused by works on adjacent land.