Antony was building a new house in King Street, Port Fairy.The house lot was alongside an older property, built in 1967, belonging to Carol.At the time of building Carol and her husband Carl (now deceased) were aware that the sandy soil on which their house stood could be unstable. With this in mind, their land was retained by a wall on all sides save for the frontage to King Street. The house was situated in the middle of the block.

The eastern boundary of the Carol's land adjoined Antony's property. On that boundary on the Carol's property a concrete driveway extended south from King Street to a brick carport, followed by a further section of driveway and a brick garage. The driveway, carport and garage were positioned at a slightly higher level than Antony's property.

The plans for Antony's land included a basement carport with an access ramp adjacent to Carol's eastern boundary. The construction of the ramp required extensive excavation along the common boundary which in turn required a retaining structure to prevent movement of soil under Carol's property and to prevent possible damage to their buildings and driveway. A retaining wall was constructed.Soon after a section of the soil beneath the carport on the Carol's property subsided causing damage to the carport, driveway and house.

Advise Carol focusing on the tort of private nuisance.