A New South Wales homeowner noticed the retaining wall on their boundary had started to bow.
The cause was underground: a council stormwater pipe that had been leaking into the soil behind it.
ezylegal took the council to court. The council filed a defence, then settled for $70,000 before the matter reached a hearing.
At a glance
- Problem: A leaking council stormwater pipe damaged a homeowner’s retaining wall.
- Claim against: The local council.
- Legal basis: Negligence and nuisance.
- Result: $70,000 settlement, without going to trial.
A wall that started to bow
A council stormwater pipe ran close to the property. When it failed, water got into the ground behind the retaining wall. The council carried out a repair, but the water kept escaping, and the wall began to bow.
The council’s insurer said no
A structural engineer confirmed that water from the pipe had built up pressure behind the wall, and that the wall was at risk of failing.
The homeowner claimed against the council. Its insurer rejected the claim.
Who pays when a council stormwater pipe damages your property?
Often, the council does. A council that owns and maintains stormwater infrastructure has a duty of care to take reasonable steps to stop water escaping onto private land.
ezylegal took the council to court on two grounds:
- negligence, for failing to properly inspect, maintain and repair the pipe, and for a repair that didn’t fix the problem
- private nuisance, because water escaping from the council’s land was interfering with our client’s use and enjoyment of their property
The claim sought the cost of demolishing and rebuilding the wall, plus the cost of the engineer’s report.
The outcome
The council defended the claim. With a hearing date set, it agreed to a settlement, and our client recovered $70,000 without going to trial.
If you’re facing something similar
If water from a council pipe, drain or footpath is damaging your property:
- report it to the council in writing, and keep the reference number
- take dated photos and videos every time you see the damage or the water
- get an independent engineer’s report on the cause
- get quotes for the repair work
If the council says no, that isn’t the end of it. Talk to a property lawyer early, because time limits apply.