SJ Weir Ltd v Bijok

SJ Weir Ltd appealed to the Full Court of the Supreme Court of South Australia against a judgment of a trial judge who found the company liable in nuisance and negligence for damages totalling $141,710. The dispute arose from construction works undertaken by SJ Weir on land adjacent to the property owned by the Bijoks, which comprised sand dunes and included a carport, driveway, and retaining wall on its eastern side.

The legal issues before the Full Court concerned whether SJ Weir had committed private nuisance or been negligent in its conduct during the construction. Specifically, the court had to consider the adequacy of the design and implementation of temporary retaining walls and underpinning works intended to support the Bijoks' structures during the excavation for a basement carport on the adjoining development site.

The court's reasoning focused on the evidence presented regarding the design and communication of the retaining wall strategy. It was noted that while Meinhardt had prepared designs for a temporary retaining wall adjacent to the Bijoks' driveway, the extension of this design to the area near the carport was based on an assumption by SJ Weir. Furthermore, the court considered expert evidence that indicated a consensus at a site meeting that difficulties were anticipated with the proposed underpinning, and an alternative involving propping steel columns for the retaining wall was discussed. The court ultimately rejected the fourth ground of appeal, finding that the evidence supported the trial judge's findings of liability.

The appeal was dismissed.