Barnes v Gibson [2018] NSWLEC 1151

Barnes v Gibson [2018] NSWLEC 1151

Roots from the respondents' Swamp Oaks caused damage to the upper courtyard paving and are likely to cause further damage. Tree removal is justified under the Trees Act, but only partial compensation—30% of the cost for replacing the upper paved area— is warranted due to the age, condition, and the possibility of other contributing factors.

Jurisdiction
Australia
Judgment Date
22 March 2018
Procedural Posture
Class 2 Proceeding / Final Judgment and Orders
Outcome
Orders made for removal of trees and partial compensation
Legal Topics
['tree Disputes Between Neighbours' 'damage Caused by Tree Roots' 'compensation for Rectification Costs']
['property Law' 'environmental Law'] ['tree Disputes Between Neighbours' 'damage Caused by Tree Roots' 'compensation for Rectification Costs']

Case Brief

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Procedural Posture

Class 2 Proceeding / Final Judgment and Orders

Legal Issues

  1. 1 ["Whether the respondents' trees caused damage to the applicant's paving and structures" 'Whether removal of the trees is justified to prevent future damage' 'Extent of compensation to be paid for rectification works']

Ratio Decidendi

Roots from the respondents' Swamp Oaks caused damage to the upper courtyard paving and are likely to cause further damage. Tree removal is justified under the Trees Act, but only partial compensation—30% of the cost for replacing the upper paved area— is warranted due to the age, condition, and the possibility of other contributing factors.

Court Disposition

Orders made for removal of trees and partial compensation

Orders

  • ['Respondents to engage and pay for an arborist to remove both Swamp Oaks within 60 days, to no more than 300 mm above ground level, and poison remaining stumps.' "Respondents to give the applicant 7 days' notice of the works." 'Applicant to allow access for completion of the works during reasonable hours.'...