Housman v Camuglia [2021] NSWCA 106 (26 May 2021) (Bell P at [1]; Leeming JA at [2]; White JA at [95].)


Catchwords:


CONTRACT – damages – claim for consequential loss – construction works caused damage to neighbour’s land – claim for lost rent – trial judge found apartments unlettable in light of damage to stairway – finding based on evidence of landlord and letting agent – no reference in reasons to unchallenged engineering evidence that stairway safe – whether reasons of trial judge inadequate – inutility of inadequate reasons as a ground where appeal is by way of rehearing – whether trial judge misused evidence admitted on limited basis – no error made out

APPEALS – requirement of leave – whether appellants required leave for separate challenge to costs order based on rejection of Calderbank offer in circumstances where there was an appeal as of right – construction of “an appeal from a judgment or order as to costs only” in District Court Act 1973 (NSW), s 127(2)(b) – history of s 127(2)(b) and s 101(2)(c) of Supreme Court Act 1970 (NSW) – history of United Kingdom antecedents – appellants entitled to challenge special costs order as of right

COSTS – Calderbank letter – whether error in finding that appellants had unreasonably rejected offer – significance of factual error in letter – significance of offer being rejected before service of all evidence – no error made out