As a landowner, you may confront a variety of hazards on your land or neighbouring land. These hazards could include; collapsing retaining walls, landslides and rock falls. The problem with these hazards, if they are not dealt with in the right manner, can cause disputes between neighbours and can be typically drawn out and costly.
www.muellers.com.au I 02 9562 1266
Demam tifoid merupakan infeksi akut saluran pencernaan yang disebabkan oleh bakteri Salmonella typhi. Penyakit ini masih menjadi masalah kesehatan masyarakat di Indonesia dengan insidensi tertinggi pada usia 3-19 tahun. Gejala klinisnya berupa demam lebih dari 7 hari disertai gangguan pencernaan dan penurunan kesadaran. Diagnosis didasarkan pada pemeriksaan darah, serologi, dan isolasi bakteri
Lesi unilateral pada korteks motorik dapat menyebabkan gangguan fungsi otot yang hanya menerima input kortikal dari sisi yang sama. Otot wajah bagian bawah dan lidah cenderung lumpuh karena hanya menerima input dari hemisfer kontralateral. Proyeksi dari sisi yang tidak terkena lesi dapat mengkompensasi fungsi otot yang menerima input bilateral.
Dokumen ini berisi tentang anamnesis dan pemeriksaan fisik pasien obstetri dan ginekologi. Meliputi riwayat haid, nikah, obstetri, KB, penyakit sebelumnya, status umum dan spesifik ginekologi/obstetri seperti status portio, janin, denyut jantung janin, dan panggul. Diagnosis pasien contohnya hamil 38 minggu, janin hidup, presentasi kepala, panggul sempit, dan perdarahan ante partum.
Dokumen tersebut membahas tentang demam tifoid, penyakit menular yang disebabkan oleh bakteri Salmonella typhi. Demam tifoid masih menjadi masalah kesehatan di Indonesia yang ditandai dengan gejala demam dan nyeri perut. Penanganannya meliputi pemberian antibiotik seperti kloramfenikol, diet, istirahat, dan pencegahan penyebaran bakteri penyebab penyakit.
Demam tifoid merupakan infeksi akut saluran pencernaan yang disebabkan oleh bakteri Salmonella typhi. Penyakit ini masih menjadi masalah kesehatan masyarakat di Indonesia dengan insidensi tertinggi pada usia 3-19 tahun. Gejala klinisnya berupa demam lebih dari 7 hari disertai gangguan pencernaan dan penurunan kesadaran. Diagnosis didasarkan pada pemeriksaan darah, serologi, dan isolasi bakteri
Lesi unilateral pada korteks motorik dapat menyebabkan gangguan fungsi otot yang hanya menerima input kortikal dari sisi yang sama. Otot wajah bagian bawah dan lidah cenderung lumpuh karena hanya menerima input dari hemisfer kontralateral. Proyeksi dari sisi yang tidak terkena lesi dapat mengkompensasi fungsi otot yang menerima input bilateral.
Dokumen ini berisi tentang anamnesis dan pemeriksaan fisik pasien obstetri dan ginekologi. Meliputi riwayat haid, nikah, obstetri, KB, penyakit sebelumnya, status umum dan spesifik ginekologi/obstetri seperti status portio, janin, denyut jantung janin, dan panggul. Diagnosis pasien contohnya hamil 38 minggu, janin hidup, presentasi kepala, panggul sempit, dan perdarahan ante partum.
Dokumen tersebut membahas tentang demam tifoid, penyakit menular yang disebabkan oleh bakteri Salmonella typhi. Demam tifoid masih menjadi masalah kesehatan di Indonesia yang ditandai dengan gejala demam dan nyeri perut. Penanganannya meliputi pemberian antibiotik seperti kloramfenikol, diet, istirahat, dan pencegahan penyebaran bakteri penyebab penyakit.
Dokumen tersebut membahas tentang striktur uretra, termasuk pengertian, penyebab, manifestasi klinis, pencegahan, penatalaksanaan, pemeriksaan penunjang, dan pengkajian keperawatan untuk striktur uretra. Secara ringkas, striktur uretra adalah penyempitan lumen uretra yang dapat disebabkan oleh berbagai faktor seperti cedera, infeksi, atau tumor dan menyebabkan gangguan eliminasi. Penatalaksanaannya
Dokumen tersebut menjelaskan berbagai jenis instrumen yang digunakan dalam pengukuran dan pengambilan sampel tanah untuk keperluan penelitian, meliputi pH meter, teodolit, meteran gulung, meteran jalan, triput, penetrometer, bor, skop, soil sampling tube, light weight tester, metalyser portable soils analyser, agricultural inspectors kit, dan soil survey kit beserta penjelasan singkat cara kerja masing-masing instrumen.
Daftar 144 diagnosa penyakit yg harus ditangani puskesmasbudhi mp
Dokumen tersebut berisi daftar 144 diagnosa penyakit yang seharusnya ditangani di fasilitas kesehatan primer menurut standar BPJS. Diagnosa-diagnosa tersebut meliputi berbagai kondisi medis seperti penyakit infeksi, gangguan sistem organ, dan masalah kulit.
Laporan kasus invaginasi pada bayi laki-laki berusia 6 bulan yang mengeluhkan perut membesar dan BAB berdarah. Pemeriksaan fisik menunjukkan abdomen distended dan rectal touch menemukan feses bercampur darah dan lendir (currant jelly stool). Diagnosis awal adalah invaginasi berdasarkan gejala klinis dan hasil pemeriksaan. Pasien dilakukan operasi untuk reposit dan reseksi usus.
Laporan kasus ini membahas diagnosa morbili pada pasien perempuan berusia 4 tahun dengan gejala demam berkelanjutan, ruam di seluruh tubuh, dan komplikasi bronkopneumonia bilateral. Pemeriksaan fisik menunjukkan tanda infeksi dan ruam makulopapular, sedangkan pemeriksaan penunjang menunjukkan leukositosis dan hasil röntgen thoraks menunjukkan bronkopneumonia bilateral. Diagnosis kerja adalah morbili dengan komplikasi bronk
Budidaya tanaman jagung hibrida BISI-12 membutuhkan pengolahan tanah, pemilihan benih, pemupukan, dan pemeliharaan yang tepat untuk mendapatkan hasil maksimal. Faktor-faktor seperti varietas benih, jarak tanam, dan waktu tanam perlu diperhatikan.
Hematom epidural adalah perdarahan di luar duramater akibat cedera pada arteri meningeal atau sinus vena dural. Gejalanya antara lain penurunan kesadaran, hemiparesis, anisokor pupil, dan peningkatan tekanan dalam tengkorak. Tatalaksananya meliputi pemberian oksigen, cairan infus, manitol, dan tindakan bedah seperti burrhole atau craniotomy. Prognosanya dipengaruhi oleh usia pasien, waktu hingga
Materi budidaya dan olahan jamur tiramSamsul Kohar
Dokumen tersebut memberikan panduan lengkap tentang budidaya jamur tiram putih secara organik, mulai dari pembuatan bibit, budidaya, pengolahan, hingga pemasaran. Jenis-jenis olahan yang disarankan adalah rendang jamur, nugget jamur, sate jamur, bakso jamur, dan basis jamur. Assalam Agro Industri berkomitmen memasarkan produk olahan jamur secara profesional dengan mengikuti pameran dan membuka toko.
The Highland Towers landslide in 1993 caused the collapse of Block 1 of the Highland Towers apartment complex, killing 48 people. The court found multiple parties liable for negligence and nuisance. The developer was liable for diverting a stream, failing to construct adequate retaining walls and drainage, and not maintaining the walls and drains. The architect and engineer were liable for not ensuring proper drainage and wall construction and obtaining occupancy approval improperly. The local authority and owner of neighboring land were also found liable for negligence and failing to maintain drainage. The decision established developers, professionals, and authorities have duties to consider impacts on neighboring properties and public safety.
- Rylands v Fletcher (1868) established the principle of strict liability for damage caused by a non-natural use of land. The case involved a reservoir that broke and flooded a mine.
- There are six elements of strict liability according to Rylands v Fletcher: 1) a deliberate accumulation, 2) of hazardous things, 3) through a non-natural use of land, 4) that escape, 5) cause damage that is reasonably foreseeable.
- Defenses to strict liability include: consent, common benefit, act of God, wrongful acts of third parties, plaintiff's own fault or negligence, and statutory authority.
Dokumen tersebut membahas tentang striktur uretra, termasuk pengertian, penyebab, manifestasi klinis, pencegahan, penatalaksanaan, pemeriksaan penunjang, dan pengkajian keperawatan untuk striktur uretra. Secara ringkas, striktur uretra adalah penyempitan lumen uretra yang dapat disebabkan oleh berbagai faktor seperti cedera, infeksi, atau tumor dan menyebabkan gangguan eliminasi. Penatalaksanaannya
Dokumen tersebut menjelaskan berbagai jenis instrumen yang digunakan dalam pengukuran dan pengambilan sampel tanah untuk keperluan penelitian, meliputi pH meter, teodolit, meteran gulung, meteran jalan, triput, penetrometer, bor, skop, soil sampling tube, light weight tester, metalyser portable soils analyser, agricultural inspectors kit, dan soil survey kit beserta penjelasan singkat cara kerja masing-masing instrumen.
Daftar 144 diagnosa penyakit yg harus ditangani puskesmasbudhi mp
Dokumen tersebut berisi daftar 144 diagnosa penyakit yang seharusnya ditangani di fasilitas kesehatan primer menurut standar BPJS. Diagnosa-diagnosa tersebut meliputi berbagai kondisi medis seperti penyakit infeksi, gangguan sistem organ, dan masalah kulit.
Laporan kasus invaginasi pada bayi laki-laki berusia 6 bulan yang mengeluhkan perut membesar dan BAB berdarah. Pemeriksaan fisik menunjukkan abdomen distended dan rectal touch menemukan feses bercampur darah dan lendir (currant jelly stool). Diagnosis awal adalah invaginasi berdasarkan gejala klinis dan hasil pemeriksaan. Pasien dilakukan operasi untuk reposit dan reseksi usus.
Laporan kasus ini membahas diagnosa morbili pada pasien perempuan berusia 4 tahun dengan gejala demam berkelanjutan, ruam di seluruh tubuh, dan komplikasi bronkopneumonia bilateral. Pemeriksaan fisik menunjukkan tanda infeksi dan ruam makulopapular, sedangkan pemeriksaan penunjang menunjukkan leukositosis dan hasil röntgen thoraks menunjukkan bronkopneumonia bilateral. Diagnosis kerja adalah morbili dengan komplikasi bronk
Budidaya tanaman jagung hibrida BISI-12 membutuhkan pengolahan tanah, pemilihan benih, pemupukan, dan pemeliharaan yang tepat untuk mendapatkan hasil maksimal. Faktor-faktor seperti varietas benih, jarak tanam, dan waktu tanam perlu diperhatikan.
Hematom epidural adalah perdarahan di luar duramater akibat cedera pada arteri meningeal atau sinus vena dural. Gejalanya antara lain penurunan kesadaran, hemiparesis, anisokor pupil, dan peningkatan tekanan dalam tengkorak. Tatalaksananya meliputi pemberian oksigen, cairan infus, manitol, dan tindakan bedah seperti burrhole atau craniotomy. Prognosanya dipengaruhi oleh usia pasien, waktu hingga
Materi budidaya dan olahan jamur tiramSamsul Kohar
Dokumen tersebut memberikan panduan lengkap tentang budidaya jamur tiram putih secara organik, mulai dari pembuatan bibit, budidaya, pengolahan, hingga pemasaran. Jenis-jenis olahan yang disarankan adalah rendang jamur, nugget jamur, sate jamur, bakso jamur, dan basis jamur. Assalam Agro Industri berkomitmen memasarkan produk olahan jamur secara profesional dengan mengikuti pameran dan membuka toko.
The Highland Towers landslide in 1993 caused the collapse of Block 1 of the Highland Towers apartment complex, killing 48 people. The court found multiple parties liable for negligence and nuisance. The developer was liable for diverting a stream, failing to construct adequate retaining walls and drainage, and not maintaining the walls and drains. The architect and engineer were liable for not ensuring proper drainage and wall construction and obtaining occupancy approval improperly. The local authority and owner of neighboring land were also found liable for negligence and failing to maintain drainage. The decision established developers, professionals, and authorities have duties to consider impacts on neighboring properties and public safety.
- Rylands v Fletcher (1868) established the principle of strict liability for damage caused by a non-natural use of land. The case involved a reservoir that broke and flooded a mine.
- There are six elements of strict liability according to Rylands v Fletcher: 1) a deliberate accumulation, 2) of hazardous things, 3) through a non-natural use of land, 4) that escape, 5) cause damage that is reasonably foreseeable.
- Defenses to strict liability include: consent, common benefit, act of God, wrongful acts of third parties, plaintiff's own fault or negligence, and statutory authority.
Rylands v. Fletcher established the rule of strict liability for abnormally dangerous activities. Rylands constructed a reservoir on his land which was negligently built by contractors. The water from the reservoir escaped and flooded a mine owned by Fletcher, causing significant damage. While Rylands was not negligent, the courts found him strictly liable because he brought something dangerous (water) onto his land that then damaged his neighbor. This landmark case established that those who keep dangerous things on their land are liable for any damage caused if they escape, regardless of negligence.
March 2015 presentation to ASBC on slab heave and damagesAndrew Downie
This presentation looks at the history of awards of damages for demolition and reinstatement of property, including Bellgrove v Eldrige (1954) 90 CLR 613, Ruxley Electronics and Constructions Limited v Forsyth [1996] AC 344 and Tabcorp Holdings Limited v Bowen Investments Pty Ltd (2009) 236 CLR 272.
The presentation then discusses the two recent cases of Softley v Metricon Homes Pty Ltd [2014] VCAT 1502 and Hooper v Metricon Homes Pty Ltd [2014] VCAT 277 in which the Tribunal made an award of damages for demolition and reinstatement, rather than rectification, where the slab was found to be unstable.
The Owners, Strata Plan No. VIS3578 v. Canan Investment Group Ltd., 2009 BCSC 39Rolf Warburton
This document summarizes a court case between the owners of a condominium building known as "The Metropolitan" and various parties involved in the construction of the building, including the developer, general contractor, and subcontractors. The condominium owners are claiming damages related to leaks and defects in the building envelope, including issues with the stucco cladding system. The document provides background on inspections and reports done during and after construction that identified deficiencies in the thickness of the stucco, installation of the vapor barrier and lath, and other issues. It also discusses efforts by the condominium owners to have repairs made through warranty claims.
The document discusses different types of water damage claims and the importance of accurately determining the cause of water intrusion. It notes that terminology used by insurers can impact whether a claim is covered or denied. The three main categories of water are described according to the EPA and IICRC, but homeowners may still lack coverage if the source of flooding is unclear. As contractors with 15+ years of experience, the author has seen many cases where the water source was misdiagnosed, leading to coverage issues. The document provides an example of a recent job where wind-driven rain caused interior damage that an adjuster failed to identify without proper tools. Only after further investigation was extensive mold discovered behind baseboards.
This document summarizes a case involving two homeowners, Mr. Williams and Mr. Waistell, who brought a private nuisance claim against Network Rail for allowing Japanese knotweed roots to spread from Network Rail's land onto the homeowners' properties. The homeowners were awarded damages for insurance-backed treatment, surveys, loss of amenity, and diminution in property values. Network Rail appealed the ruling. The case provides insight into nuisance claims and establishes precedent for other potential knotweed-related claims if upheld on appeal.
This document summarizes a House of Lords case regarding whether a mining company failed to fulfill its statutory duty to secure the roof of its mine. An employee was killed when a large section of the roof fell due to an unusual geological condition called "slickenside." The mining company inspected the roof according to normal practice by tapping it, and it did not detect any issues. The Lords affirmed the Court of Appeal's ruling that the company was not liable because it took reasonably practicable steps to secure the roof given that slickenside had never been detected in the mine before and there was no known way to detect its presence.
The document summarizes a case involving two homeowners, Mr. Williams and Mr. Waistell, who brought a private nuisance claim against Network Rail for allowing Japanese knotweed roots to spread from Network Rail's land onto the homeowners' properties. The homeowners were awarded damages at the first trial level to treat the knotweed and compensate for losses to their property values. However, Network Rail appealed the ruling, questioning whether the spread of the invasive plant constituted an actionable nuisance that deserved compensation under UK law. The document provides background on nuisance law, Japanese knotweed, and the initial trial judgment, setting up the subsequent appeal by Network Rail.
This document summarizes key cases and principles regarding partial takings and just compensation. It discusses several cases where the government initially underestimated damages and just compensation amounts for partial takings of property. Lessons highlighted include fully evaluating damages and not assuming aspects of a taking will cause no damage. The landmark Harvey Cedars v. Karan case is summarized, which allowed consideration of storm protection "special benefits" from a dune as an offset to lost view damages. Implications for future cases are discussed.
Atkins - B.A. Spaulding- Insurance and Mitigation Best Practicesba_spaulding
Several homes on Cherry Street in Darien, Connecticut had repeatedly flooded over the years as development increased flooding risks. After particularly bad flooding in 2007, homeowners took steps to mitigate future flood damage. Some homeowners elevated their homes above base flood levels with help from FEMA grants. One homeowner's property was bought out after repeated flooding, and the land was converted to open space. During storms this spring, all of the mitigated homes escaped flood damage, demonstrating the benefits of pre-disaster floodproofing and buyouts.
S a fe construction practices class X social project , flood, cyclone, disa...Anantha Narayanan
This document discusses different types of natural disasters such as earthquakes, landslides, floods, and cyclones. It describes the causes and effects of each type of disaster, and provides recommendations for protecting buildings from damage during disasters. Specifically, it recommends selecting safe building sites, using sturdy construction techniques, installing proper foundations, and orienting structures to withstand high winds and flooding. The document emphasizes preparing for and mitigating the effects of disasters to reduce loss of life and property damage.
Soil Issues for Residential Construction in TexasWayne Caswell
This document alerts builders, homeowners and policy makers of two concerns when building on farm and ranchland. The first relates to expansive soils that are unsuitable for building, cause foundation problems and threaten the structural integrity of homes. The second is residual contamination
from industrial waste or toxic pesticides that can cause serious health problems. These two issues are especially troublesome because of the rapid rate of urban sprawl in Texas.
The document discusses flood protection solutions provided by Crocodile Flood Solutions. It begins by describing how the company was founded after the founders' parents experienced devastating flooding that destroyed their home on two separate occasions. Crocodile offers affordable flood protection products and services to homeowners, including flood barriers, airbrick covers, flood resistant coatings, and backwater valves. It provides various case studies and test results that demonstrate the effectiveness of its products at improving flood resilience.
Jebat wants to sue Tuah under the rule of strict liability in Rylands v Fletcher for damages caused by an oil spill from Tuah's land. Tuah stores oil in a tank on his land to heat his orchid greenhouse. The oil leaked from the tank due to corrosion and contaminated Jebat's farm, destroying his vegetables. It also spilled on the road, causing Jebat's car to skid and injure him. All elements for strict liability are satisfied: Tuah intentionally stored the oil for his own purpose; oil is dangerous if it escapes; it did escape from Tuah's control onto Jebat's land and road; storing large amounts of heating oil is a non-natural use of the land
This document provides an overview of soil risks and hazards for civil engineering projects. It discusses limitations of soil surveys and various hazards like expanding soils, gypsum, hydro-compactible soils, karst landscapes, landslides, liquefaction, and saturated soils. For expanding soils, it notes that proper foundations and drainage are needed to mitigate movement risks. For gypsum soils, it explains how excess gypsum can cause dissolution issues for utilities, foundations, and crops. The document also provides a case study analysis of soil samples and concludes by noting challenges with calcareous sand formations due to crushability and compressibility.
After Hurricane Sandy, Mayor Bloomberg established the Special Initiative for Rebuilding and Resiliency (SIRR) to identify ways to rebuild neighborhoods improved and strengthen infrastructure by learning from Sandy's impacts, assessing future climate change risks, and developing a plan to rebuild and prepare for the future. The resulting plan, "A Stronger, More Resilient New York," includes over 250 initiatives across 4 resilience principles to protect against coastal flooding, extreme weather, and climate change through actions like coastal defenses, building code changes, critical infrastructure upgrades, and community development. The city has begun implementing many initiatives and making progress on milestones while establishing oversight and accountability through
Naomi Bergman is a senior associate at Allens law firm specializing in environment and planning law. She has extensive experience advising government and developers on major projects involving approvals for developments, infrastructure projects, and transactions in energy and resources. Naomi assists clients in obtaining approvals, navigating environmental risks, and has litigated extensively in the NSW Land and Environment Court. Her recent clients include Treasury NSW, Sydney Airport Corporation, Lendlease, Jacfin Pty Limited, and Coles Group Property Developments advising on various major projects requiring environmental approvals and planning permissions.
This short paper explains why most owners corporations in NSW are currently able to make by-laws that prohibit unlawful short term accommodation in their strata schemes.
The paper does this by reviewing recent statements made by NSW Fair Trading and NCAT about this topic and considers some cases decided in other jurisdictions about short term letting by-laws which have gained recent media attention.
www.muellers.com.au I 02 9562 1266
The Trees Act enables land owners (including owners corporations) to apply to the Land & Environment Court to resolve disputes about trees. There are two types of disputes the Court deals with:
Dispute 1 - Where a tree has caused, is causing or is likely to cause property damage.
Dispute 2 - Where a tree poses a risk of personal injury.
www.muellers.com.au I 02 9562 1266
The reforms concerning meeting practice and procedure are intended to modernise and improve the way strata schemes are managed.
This will be achieved by creating flexible meeting options; introducing new ways to vote at meetings; preventing proxy farming; improving tenants’ participation in meetings; and
making miscellaneous changes to meeting practice and procedure.
www.muellers.com.au I 02 9562 1266
A renovation by-law can be made to pre-approve certain types of renovations such as:
Useful for:
Bathroom renovations
Kitchen renovations
Air-conditioner installations
Changing floor coverings
Other internal renovations
www.muellers.com.au I 02 9562 1266
Easements and Access to Neighbouring LandsAdrian Mueller
Did you know the common law does not give a person a right to enter a neighbour’s land without the neighbour’s permission?
The owner of land has the right to decide who will come on to the land, who will build there, who will stay off and on what terms a person will be able to enter the land. Do you need an easement?
www.muellers.com.au I 02 9562 1266
This document summarizes several useful by-laws for strata schemes, including cost recovery, parking, renovations, and proxy by-laws. It discusses the purpose and key provisions of each by-law type. The cost recovery by-law allows an owners corporation to recover expenses incurred due to by-law breaches. The parking by-law establishes rules for parking and lets fees be charged for notices. The renovations by-law creates a process for approving minor and major renovations. The proxy by-law addresses rules around holding multiple proxies for meetings. Other potentially useful by-laws not in the top five are also mentioned.
Receivership and liquidation Accounts
Being a Paper Presented at Business Recovery and Insolvency Practitioners Association of Nigeria (BRIPAN) on Friday, August 18, 2023.
Corporate Governance : Scope and Legal Frameworkdevaki57
CORPORATE GOVERNANCE
MEANING
Corporate Governance refers to the way in which companies are governed and to what purpose. It identifies who has power and accountability, and who makes decisions. It is, in essence, a toolkit that enables management and the board to deal more effectively with the challenges of running a company.
Integrating Advocacy and Legal Tactics to Tackle Online Consumer Complaintsseoglobal20
Our company bridges the gap between registered users and experienced advocates, offering a user-friendly online platform for seamless interaction. This platform empowers users to voice their grievances, particularly regarding online consumer issues. We streamline support by utilizing our team of expert advocates to provide consultancy services and initiate appropriate legal actions.
Our Online Consumer Legal Forum offers comprehensive guidance to individuals and businesses facing consumer complaints. With a dedicated team, round-the-clock support, and efficient complaint management, we are the preferred solution for addressing consumer grievances.
Our intuitive online interface allows individuals to register complaints, seek legal advice, and pursue justice conveniently. Users can submit complaints via mobile devices and send legal notices to companies directly through our portal.
The Future of Criminal Defense Lawyer in India.pdfveteranlegal
https://veteranlegal.in/defense-lawyer-in-india/ | Criminal defense Lawyer in India has always been a vital aspect of the country's legal system. As defenders of justice, criminal Defense Lawyer play a critical role in ensuring that individuals accused of crimes receive a fair trial and that their constitutional rights are protected. As India evolves socially, economically, and technologically, the role and future of criminal Defense Lawyer are also undergoing significant changes. This comprehensive blog explores the current landscape, challenges, technological advancements, and prospects for criminal Defense Lawyer in India.
Genocide in International Criminal Law.pptxMasoudZamani13
Excited to share insights from my recent presentation on genocide! 💡 In light of ongoing debates, it's crucial to delve into the nuances of this grave crime.
Sangyun Lee, 'Why Korea's Merger Control Occasionally Fails: A Public Choice ...Sangyun Lee
Presentation slides for a session held on June 4, 2024, at Kyoto University. This presentation is based on the presenter’s recent paper, coauthored with Hwang Lee, Professor, Korea University, with the same title, published in the Journal of Business Administration & Law, Volume 34, No. 2 (April 2024). The paper, written in Korean, is available at <https://shorturl.at/GCWcI>.
Business law for the students of undergraduate level. The presentation contains the summary of all the chapters under the syllabus of State University, Contract Act, Sale of Goods Act, Negotiable Instrument Act, Partnership Act, Limited Liability Act, Consumer Protection Act.
1. Adrian Mueller I Partner I JS Mueller & Co Lawyers I BCOM LLB FACCAL
RETAINING WALL DISPUTES
JS MUELLER & CO LAWYERS I 28 August 2018
2. Hazards
A land owner may confront a variety of hazards
on his or her land or neighbouring land.
Hazards include:
Collapsing retaining walls
Landslides
Rock falls
3. Hazards – Our Experience
Disputes between neighbours about hazards are
typically drawn out.
This is because the cost to fix hazards is:
substantial
not cover by insurance
Often the way to fix a hazard is not clear and
requires costly expert advice which no one wants to
pay.
4. Hazards – The Common Law Duty
A land owner owes a duty to his or her neighbours to
prevent hazards on the land of which he or she is aware
or should be aware causing damage to neighbouring
land.
5. Hazards – The Common Law Duty
Under the common law, a land owner has a duty, when he or she is
aware or ought to be aware of a hazardous condition on his or her
land which puts neighbouring land at risk, to take such steps as are
reasonable in all the circumstances to prevent or minimise the risk of
injury or damage to the neighbour’s property.
Leakey v National Trust for Places of Historic Interest or Natural
Beauty [1980] QB 485.
6. Hazards – The Common Law Duty
The law places a measured duty on an owners corporation in relation to its
neighbours.
This duty is not to take every possible step to eliminate the risk of a hazard,
such as soil slippage or rock fall, and consequent damage to neighbouring
properties.
Rather, the duty is to take those steps which are reasonable in all of the
circumstances to prevent or minimise the risk of damage to neighbouring
properties as a result of a hazard: Goldman v Hargrave (1966) 115 CLR 458.
The duty of care is not that of the reasonable person in negligence, but rather it
is measured by the reasonable capabilities and circumstances of the person on
whom the duty is imposed: Goldman v Hargrave [1967] 1 AC 645; Leakey.
7. Hazards – The Common Law Duty
So what is reasonable for an owners corporation to do depends on all of the circumstances. The
most relevant factors include:
Objective factors such as:
the cause of the hazard;
the probability that a personal injury will be suffered or neighbouring properties will be damaged if nothing is done
about the hazard;
the likely seriousness of any such personal injury or property damage;
the effort involved in solving the problem (simple v complex);
the expense of solving the problem.
8. Hazards – The Common Law Duty
Subjective factors will also be relevant such as:
the financial circumstances of the owners corporation and its neighbours,
particularly their respective abilities to afford to pay to implement a solution to the
problem;
the size of the properties affected by the problem;
the time available to solve the problem; and
the age and physical condition of the neighbouring land owners.
9. Hazards – The Low Down
Disputes about hazards such as retaining walls turn on their own
facts
It is very difficult to lay down general rules that apply to all
circumstances involving hazards such as collapsing retaining walls
The cases are instructive
10. Soil Slippage – Leakey’s Case
In Leakey’s case, the National Trust owned a conical shaped hill
composed of soil which regularly slipped into neighbouring properties at
the base of the hill including Mrs Leakey’s property.
Mrs Leakey pointed out to the Trust that a large crack had opened up in
the hill above her house and that there was a grave danger of a major
collapse of part of the hill onto her house.
The Trust did nothing about the problem and some weeks later a large
portion of the hill fell onto Mrs Leakey’s property.
Mrs Leakey asked the Trust to remove the fallen soil and debris but it
refused saying it was not responsible for what occurred.
11. Soil Slippage – Leakey’s Case
Mrs Leakey went to court and obtained an injunction requiring the
Trust to remove the fallen soil and debris and to prevent future soil
slippage onto her land.
The court held that having regard to all of the circumstances of the
case, particularly those of the parties, the Trust had a duty to take
reasonable steps to stop soil slipping from the hill into Mrs Leakey’s
property and that duty made the Trust responsible for doing
whatever was necessary to prevent further landslips.
12. Soil Slippage – Macquarie Council
In Macquarie City Council v Hicks [1993] NSWCA 184, the council owned a reserve.
Soil on the reserve had a tendency to slip which posed a significant danger to Mr
Hick’s property.
The council knew about the problem since as early as 1983. The council carried out
some remedial works to stabilise the soil during 1984 and 1985 but these were
ineffective.
In 1988 the council engineer became concerned about further soil slippage and
engaged a geotechnical engineer to provide recommendations for stabilising the soil.
In September 1989 the council was told by its geotechnical engineer that unless
appropriate remedial works were carried out there was a high risk of serious and
violent soil slippage, particular if there was heavy rain, which could pose a risk to life.
13. Soil Slippage – Macquarie Council Case
The council allocated $300,000 in its 1990 works budget to carry out
remedial works.
However before these works were done, in February 1990 there was a
significant land slip after intense rainfall which damaged Mr Hick’s
property.
The court held that in all of the circumstances the council was negligent
largely because the council:
did not follow the recommendations of its experts,
made no significant response to continual complaints from neighbouring owners about
soil instability and the risks to their properties, and
even when it was compelled to obtain geotechnical engineering advice it did not move
to implement the engineer’s recommendations with any urgency.
14. Soul Slippage – Holbeck’s Case
In Holbeck Hall Hotel Ltd v Scarborough Borough Council [2000] 2 All
ER 705, Holbeck owned a Hotel which stood on a cliff overlooking the
sea and the council owned the cliff between the hotel grounds and the
sea.
Due to erosion, the cliff was inherently unstable and prone to slip.
The council was aware of the slippage and called in engineers to report
on the slippage and make recommendations for implementing remedial
measures.
In 1993 there was a massive slip of the cliff and adjacent land which
caused part of the hotel to collapse. The rest of the hotel had to be
demolished because of safety reasons.
15. Soul Slippage – Holbeck’s Case
The English court held that the council’s duty was limited to an
obligation to take care to avoid damage which it ought to have
foreseen without further geological investigations and it was not
necessary for the council to carry out extensive and expensive
remedial work even to prevent damage which could have been
foreseen.
The scope of the council’s duty might have been limited to warning
the hotel owner of those risks of which it was aware or ought to have
been foreseen, and sharing the information that it had acquired
relating to those risks.
16. Retaining Wall Collapse – Carter’s Case
In Carter v Murray [1981] 2 NSWLR 77 a 100 year old sandstone block retaining wall
about 17.5 metres long and 2-3 metres high separated neighbouring properties in
Balmain, Sydney.
The wall stood on the higher property but its face ran along the common boundary of
the properties.
Some of the sandstone blocks in the wall, and soil from the higher land, fell down
onto the lower land from time to time and it was clear that the wall was likely to
collapse.
Vegetation, including two large trees, on the higher property contributed to the
deterioration of the wall.
The owner of the lower land obtained an injunction to restrain the owner of the higher
land from permitting debris from their land to fall onto and remain on the lower land.
17. Retaining Wall Collapse – Carter’s Case
The Court held that the collapse of the wall and soil from the higher
land onto the lower land constituted a nuisance for which the higher
land owner was liable from the time she knew or ought reasonably
to have known of the collapse or its likelihood under the principle
laid down in Leakey’s case.
The Court concluded that the threat of further collapse of the wall
and the prospect of substantial damage to the lower land as a result
of the collapse was sufficient to justify the granting of an injunction to
prevent any further collapse.
18. Retaining Wall Collapse – Cranfield’s Case
In Gollan v Cranfield (1985) 3 BPR 9387 a sandstone retaining wall
up to 2.6 metres high separated neighbouring properties in Collaroy,
Sydney.
The wall was situated on the higher property adjacent to the
common boundary and was close to the house which had been built
on the lower property.
The roots of a tree on the higher property had, over time, forced
apart and dislodged some of the stones in the wall.
19. Retaining Wall Collapse – Cranfield’s Case
The owners of the lower property claimed that the wall was in such a
dangerous or unstable condition that it constituted a potential
nuisance to them by being liable to fall on and damage their home.
The Court agreed and held there was a potential nuisance with a
risk of danger to property and that this required some further work to
be done to the wall itself, in order to make it safe.
The Court ordered the owner of the higher property to take all steps
necessary in the reconstruction of the wall in order to prevent the
collapse of any part of the wall or the falling of stones from the wall
on to the lower property.
20. Retaining Wall Collapse – Yared’s Case
In Yared v Glenhurst Gardens Pty Ltd [2002] NSWSC 11, a retaining
wall on the boundary of two properties in Darling Point, Sydney
collapsed without warning after heavy rain carrying with it a
significant amount of soil and debris from the higher land into the
lower land, which partially destroyed the cottage at the rear of the
lower land.
The collapse of the retaining wall was not anyone’s fault.
21. Retaining Wall Collapse – Yared’s Case
The owner of the lower land applied to the Supreme Court for an
injunction to require the owner of the higher land to rebuild the
retaining wall wholly at its own cost.
The court concluded that the owner of the higher land had a duty to
do what was reasonable in the circumstances but that this did not
extend to the owner replacing the retaining wall wholly at its own
expense.
22. Retaining Wall Collapse – Yared’s Case
Ultimately, the court concluded that the higher land owner’s duty
with respect to the risk of further land slip could be discharged by
contributing half of the cost of the remedial work necessary to
reconstruct the retaining wall and by giving contractors access to its
land so that the work could be carried out.
23. Rock Fall – Mallone’s Case
In Owners Strata Plan 4085 v Mallone [2006] NSWSC 138, Mrs Mallone, an
elderly pensioner with limited resources, owned land which was situated
above a neighbouring strata title property in Undercliffe, Sydney.
A large cliff stood between the properties, the majority of which was on Mrs
Mallone’s land.
As a result of quarrying many years before, rocks were falling from Mrs
Mallone’s land onto the owners corporation’s land.
The owners corporation applied to the Supreme Court for an injunction to
require Mrs Mallone to undertake the work that was necessary to solve the
rock fall problem.
The solution to the problem was very expensive.
24. Rock Fall – Mallone’s Case
The court had regard to all of the circumstances of the case and concluded
that Mrs Mallone was not responsible for solving the problem wholly at her
own cost.
The court held that the duty under which Mrs Mallone fell to take minimise or
eliminate the rock fall hazard was a measured duty which required her to
use her best endeavours in co-operation with the owners corporation and
others to find a reasonable solution to the rock fall problem.
What this meant was that if the owners corporation convened a meeting to
consider possible solutions to the problem, Mrs Mallone would need to
attend the meeting and co-operate in seeking a solution which would include
giving access to her land for contractors to carry out the remedial works
which were required to stabilise the cliff.
25. Complicating Factors – A Dividing Fence?
1 February 2009
Dividing Fences Act 1991 amended
A dividing fence now includes:
“any foundation or support necessary for the support and
maintenance of the fence”
26. Complicating Factors – A Dividing Fence?
This means a retaining wall that provides the
foundation or support necessary for the support of a
dividing fence is itself a dividing fence.
27. Complicating Factors – A Dividing Fence?
If a retaining wall is a dividing fence then:
The neighbours are liable to share in equal
proportions the costs to repair the wall
One neighbour can be liable to bear a greater
share of the cost to repair the wall if that neighbour
damaged the wall
28. Complicating Factors – Strata Law
Section 106 duty to repair common property:
Cannot be enforced by neighbours
Can be enforced by lot owners
Can result in NCAT ordering an owners corporation
to repair a retaining wall
29. Complicating Factors – Planning & WHS Law
Issue of Council orders (s.121B orders)
SafeWork NSW improvement notice (s.90 WHS Act
2000)
Can force an owners corporation to repair a retaining
wall even if the neighbour gets off scot free
30. Conclusion
The duty placed on an owners corporation by the common law in relation to
hazards on its land, such as a collapsing retaining wall, is a duty to do that
which is reasonable in all the circumstances, and no more than what, if
anything, is reasonable, to prevent or minimise the known risk of damage or
injury to the neighbour or to his or her property.
What this duty will require the owners corporation to do will depend on all the
circumstances. This means that in some cases an owners corporation’s duty
may be to contribute to the cost of the remedial work necessary to remove the
hazard, rather than to pay the whole of the cost.
32. Thank You
Adrian Mueller I Partner I BCOM LLB FACCAL
adrianmueller@muellers.com.au
02 9562 1266
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The information contained in this paper is provided for your personal information only. It is not meant to be legal or professional
advice nor should it be used as a substitute for such advice. You should seek legal advice for your specific circumstances before
relying on any information herein. Contact JS Mueller & Co for any required legal assistance.