Queensland Judgments
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Kirkby & Anor v Coote & Ors
[2006] QCA 061 (05/6134) Brisb Williams JA Keane JA McMurdo J 10/03/2006
Catchwords
DAMAGES - MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR TORT - MEASURE OF DAMAGES - DAMAGE TO LAND AND BUILDINGS - where pole house designed by appellants was built for respondents on steeply sloping land - where some of the footings of house subsided and failed following heavy rain - where learned trial judge found the appellants negligent and awarded damages to respondents assessed on basis of reasonable cost of demolition and reconstruction of house - where appellants did not challenge finding of negligence on appeal but challenged assessment of damages - where dispute over learned trial judges' finding on the adequacy of those footings which had not failed - where dispute over the risk of failure of the remaining footings - whether the learned trial judge erred in assessing damages on the basis of the reasonable cost of demolition and reconstruction