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ARTICLE · 28 OCTOBER 2026

Digging Deep: How Excavation Disputes Can Shake Up Neighbourly Relations

Barry Nilsson
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The case of Rayman v Brown involved excavation works performed on Ms Brown’s property that caused significant damage to Ms Rayman’s neighbouring property due to excessive vibrations from the installation of sheet piling, a method warned against by the initial geotechnical engineer involved in the project.

AustraliaReal Estate and Construction
Paulina Kozub
Paulina Kozub
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The case of Rayman v Brown involved excavation works performed on Ms Brown’s property that caused significant damage to Ms Rayman’s neighbouring property due to excessive vibrations from the installation of sheet piling, a method warned against by the initial geotechnical engineer involved in the project.

The NSW Supreme Court found that Ms Brown and her builder, Scopeview Projects Pty Ltd, breached the duty of care owed to Ms Rayman and were therefore liable in negligence at the common law, as well as pursuant to s 5B of the Civil Liability Act 2002 (NSW) and s 177 of the Conveyancing Act 1919 (NSW).

In issue

In summary, the key issues in the case included whether:

  • Ms Brown and/or Scopeview breached the duty of care owed to Ms Rayman pursuant to s 5B of the Civil Liability Act 2002 (NSW) (the CLA) and/or at common law

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