51-59 WHEELERS LANE DUBBO

COSTS – general rule that costs follow the event – proceedings dismissed – no exception to the general rule established

APPEAL – whether reasons were inconsistent with orders-whether decision was not fair and equitable or against the weight of evidence- no basis to grant leave.

TORTS– Negligence – Nuisance – Where Plaintiff Owners Corporation of Strata Plan claims First and Second Defendant caused damage to common property – Where First Defendant runs powder coating business out of Second Defendant’s Lot in Strata Complex – Whether garnet and powder was emitted during course of First Defendant’s business – Whether duty is owed by the Second Defendant to Plaintiff – Failure to take proper precautions in running of business – Whether the First Defendant’s business constituted nuisance DAMAGES – Issue of causation – Common law and Civil Liability Act applied – Damage to roof – Whether residue caused further damage – Whether charges could be claimed for cleaning and replacing fire detectors – Whether fire detection system needed to be replaced as result of Defendants negligence – False fire alarm charges