The New South Wales Court of Appeal on a Thursday dismissed Ya Jun Tang’s appeal against a district court award that held the uphill owners liable for a blocked stormwater pipe that flooded Charbel Tannous’ backyard. The appeal, filed in March 2026, sought to overturn a $99,382.01 compensation order and a repair mandate. Tang’s lawyers argued that the trial judge erred on the pipe’s condition and on the necessity of council approval for redesigning the drainage. The court found no such errors and affirmed the lower court’s findings.
Tannous, who owns the lower property, had repeatedly complained that rainwater from the higher land was spilling onto his lawn, filling his pool with debris and contaminating the water. Court documents show the pipe had become misshapen and blocked, preventing proper runoff. Over time, the excess water overflowed the boundary, damaging the pool’s structure and forcing Tannous to seek legal recourse.
Judge Cole dismissed Tang’s cross‑claim that construction work on Tannous’ property had weakened the higher land’s support. He also rejected the argument that the drainage system could only be altered with council approval, noting that the court’s repair order did not preclude local approval procedures. The judge upheld that the blocked pipe was the primary cause of the nuisance and ordered Tang to pay the full amount.
The appellate court confirmed that owners of higher properties bear a duty to prevent foreseeable runoff caused by neglected drainage systems. It upheld the $99,382.01 award and reinforced the repair mandate, which now requires Tang and co‑owners to redesign the drainage within six months. The council will review the proposed changes, and the parties expect to begin repairs once approvals are granted.