Fennell v Robson Excavations [1977] 2 NSWLR 486

Facts: A developer employed an excavator to remove soil from the land but the developer went into liquidation so the dirt was left there. Later, a heavy rain storm caused damage to a neighbour’s property because there was no retainer. The neighbour sued in nuisance. The excavator argued they were not liable as they were not in possession.

Want to read more?

Subscribe to casetreasury.com to keep reading this exclusive post.

Subscribe Now