Young v Hones [2013] NSWSC 1429
In this edition of Expert Matters John Temple-Cole,
Partner and Alex Viniarsky, Senior Business Analyst in our Sydney
office, discuss a case which explores the continuing applicability
of the doctrine of witness immunity for experts, and their
employers.
Background
Ms Young and Mr and Mrs King were neighbours living in
Forestville in suburban Sydney. The Kings' property was at a
lower level than Ms Young's property. This meant that drainage
from Ms Young's property was via a trench onto the Kings'
property.
In mid-2001, the Kings undertook building work which involved
excavation on the Kings' side of the common boundary, taking
their ground level to about 90cm below Ms Young's property. Ms
Young formed the view this work was being done without council
approval. And it was, although the Warringah Council granted
development consent for relevant works in February 2002, requiring
suitable drainage to be installed behind the
