Phillip Dellabarca’s family was yet to shift into their newly constructed Wellington home when sparks and debris from their neighbour’s work deconstructing a boundary wall damaged the exterior on one side. It took two court cases to determine whether the damage was merely cosmetic, or required full replacement.
This was no ordinary house.
The exterior consists of Siberian larch weatherboards charred in the Shou Sugi Ban style; work undertaken by Mr Dellabarca himself.
Charring has the effect of hardening the exterior surface, giving timber a longer life. Within Japanese culture, subsequent weathering encompasses ‘a love and appreciation for the impermanence and imperfections of nature.’
The High Court was told there was no such love and appreciation between the Dellabarcas and their neighbour on Marine Drive in Eastbourne from mid-November 2018 after their neighbour had the sixteen year old son of a local building contractor demolish a concrete wall sited on the neighbour’s side of the boundary line.
Use of an angle grinder to cut through reinforcing rods caused a cascade of sparks and small chunks of concrete to hit the Dellabarcas house.
Bits of debris were imbedded in exterior weatherboards, causing chipping and spotting.
The windows had to be replaced.
A District Court trial ruled neighbours Edward and Susan Hawkins liable in negligence.
Building construction company Black Sheep Construction Ltd, owned by Graeme Hocking, accepted responsibility for the damage caused by Mr Hocking’s son.
All sides appealed to the High Court, arguing over the extent of damage and the amount of compensation.
Neighbours said damage to the one wall was cosmetic only, readily fixed by occasionally oiling the timber.
In the High Court, Justice Isac ruled full replacement is required.
There was expert evidence that Shou Sugi Ban charring is not just aesthetic; it also creates a solid membrane. Chipping compromised this membrane. Water damage and fungi infestation could follow.
Aluminium window framing was similarly compromised.
Justice Isac awarded damages of $154,900 as cost of replacement.
The Dellabarcas claimed $245,000.
Hawkins v. Dellabarca – High Court (26.03.26)
26.116