This was a negligence case brought against the builder and the council. It was alleged that the council was negligent when it inspected the preparation of the site under the floor and the type of fill used under the concrete slab. The claimants said this was the cause of their house sinking and cracking.
The claimants did not prove that the builder had left grass, vegetation and topsoil on the site where the slab was to be laid nor that the pea gravel used as fill caused the floor to sink.
The council escaped liability for a claim worth approximately $280,000.