Catchwords:

APPEALS — Leave to appeal — whether the primary judge erred in any finding of fact — whether the primary judge erred in drawing a conclusion that the applicants were the relevant cause of the property damage complained of — no error in the primary judge’s fact finding or conclusions — leave to appeal granted — appeal dismissed

TORTS — Private nuisance — Basis of liability —stormwater travelling over and from one residential property to another — failure of drainage system located on the higher property not disputed —attribution of liability for damage to the lower property due to stormwater runoff — whether the applicants’ failure to maintain the drainage system caused the nuisance — whether respondent caused the nuisance themselves during renovations

TORTS — Right of support — application of s 177 of the Conveyancing Act 1919 (NSW) — whether there was a loss of support — whether the primary judge erred in dismissing s 177 cross-claim — no error found