Benzie v Happy Eater Ltd
Benzie v Happy Eater Ltd
- 1990
- Construction Industry Law Letter (1990) CILL 588-589(2) .
QBD 18 May 1990. Plaintiff (B) sought damages from the defendant (H) for loss of support negligence , nuisance and breach of restrictive covenant for excavations on the boundary of their property. The impartiality of B`s expert was questioned and in summarising the principles of law on rights of support , nuisance and negligence it was found that the plaintiff`s land had not been damaged. Claims for damages dismissed.
BOUNDARY WALLS
QBD 18 May 1990. Plaintiff (B) sought damages from the defendant (H) for loss of support negligence , nuisance and breach of restrictive covenant for excavations on the boundary of their property. The impartiality of B`s expert was questioned and in summarising the principles of law on rights of support , nuisance and negligence it was found that the plaintiff`s land had not been damaged. Claims for damages dismissed.
BOUNDARY WALLS