Samuel v Euston [2012] NSWLEC 1323

Samuel v Euston [2012] NSWLEC 1323

Compensation was awarded at 35% of the total cost of repairs, reflecting a 50% reduction for the age and condition of the pipes, and a further 15% reduction for the applicants' failure to mitigate by acting earlier, with evidence substantiating causation by roots from the respondents' trees.

Parties
Applicants: William and Rhonda Samuel; Respondents: Greg and Jan Euston
Jurisdiction
Australia
Judgment Date
26 November 2012
Procedural Posture
Application Under the Trees (disputes Between Neighbours) Act 2006 / Judgment After Hearing
Outcome
The respondents are to pay the applicants $4,080 within 60 days.
Legal Topics
Tree Disputes, Neighbourhood Property Damage, Compensation for Property Damage
Property Law Environmental Law Tree Disputes Neighbourhood Property Damage Compensation for Property Damage

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Parties

William and Rhonda Samuel

Applicants

Greg and Jan Euston

Respondents

Procedural Posture

Application Under the Trees (disputes Between Neighbours) Act 2006 / Judgment After Hearing

Legal Issues

  1. 1 Whether tree roots from the respondents' property caused damage to the applicants' sewer pipes
  2. 2 Whether the applicants are entitled to compensation for the cost of repairs
  3. 3 Whether the amount sought should be adjusted due to condition and age of pipes and parties' conduct

Ratio Decidendi

Compensation was awarded at 35% of the total cost of repairs, reflecting a 50% reduction for the age and condition of the pipes, and a further 15% reduction for the applicants' failure to mitigate by acting earlier, with evidence substantiating causation by roots from the respondents' trees.

Court Disposition

The respondents are to pay the applicants $4,080 within 60 days.

Orders

  • The Eustons are to pay the Samuels a sum of $4,080 within 60 days of the date of these orders.