The Owners - Strata Plan 30791 v Southern Cross Constructions (ACT) Pty Ltd (in liq) (No 2)

The Owners of Strata Plan 30791 were plaintiffs in a legal dispute against Southern Cross Constructions (ACT) Pty Ltd (in liquidation). The plaintiffs sought damages for the alleged tort of trespass and negligence, as well as the statutory right of support under section 177 of the Conveyancing Act 1919 (NSW). The dispute centred around the alleged loss of support caused to the adjoining property due to the defendant's construction activities. The case was heard in the Supreme Court of New South Wales.

The primary legal issues the court needed to address were whether the loss of support caused damage to the plaintiffs' property and if there was a failure to take reasonable care by the defendant. Furthermore, the court had to determine whether any failure by the defendant led to the damage. Another significant issue was the apportionment of responsibility and damages, along with the onus of proof. Additionally, the court considered the issue of amending pleadings and joining plaintiffs who were otherwise barred by statute.

The court held that the plaintiffs had established a case of loss of support and damage due to the defendant's negligence. The defendant's failure to take reasonable care was found to have caused the damage to the plaintiffs' property. The court determined that the onus of proof was on the defendant to establish the apportionment of responsibility and damages. Regarding the amendment of pleadings, the court allowed the joinder of plaintiffs who were otherwise barred by statute, as it was deemed in the interest of justice. The court ultimately awarded damages to the plaintiffs and ordered the defendant to pay costs.

The final orders of the court included awarding damages to the plaintiffs and ordering the defendant to pay the plaintiffs' costs. The court also allowed the amendment of pleadings to join plaintiffs who were otherwise barred by statute.