Amycol Group Pty Ltd v Gillies & anor [2014] NSWLEC 1021

Amycol Group Pty Ltd v Gillies & anor [2014] NSWLEC 1021

Court was satisfied, to the extent required by s 10(2), that certain damage (crack in front masonry wall and most of the lifting of paving at the rear) was caused, at least in part, by respondents' trees, warranting rectification orders and corresponding costs contribution by respondents; Court not satisfied damage to tessellated pathway and front step was caused by the trees or attributable to respondents.

Parties
Applicant: Amycol Group Pty Ltd; First Respondent: Mr S Gillies; Second Respondent: Ms J Metzke
Jurisdiction
Australia
Judgment Date
12 February 2014
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006, Class 2 / Judgment on Application and Consent Orders
Outcome
Application upheld in part.
Legal Topics
Neighbouring Trees Causing Damage, Consent Orders, Rectification of Damage
Environmental Law Property Law Neighbouring Trees Causing Damage Consent Orders Rectification of Damage

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Parties

Amycol Group Pty Ltd

Applicant

Mr S Gillies

First Respondent

Ms J Metzke

Second Respondent

Procedural Posture

Application Under Trees (disputes Between Neighbours) Act 2006, Class 2 / Judgment on Application and Consent Orders

Legal Issues

  1. 1 Whether respondents' trees caused damage to applicant's property under s 10(2) of the Trees (Disputes Between Neighbours) Act 2006
  2. 2 Whether consent orders should be made for rectification of damage

Ratio Decidendi

Court was satisfied, to the extent required by s 10(2), that certain damage (crack in front masonry wall and most of the lifting of paving at the rear) was caused, at least in part, by respondents' trees, warranting rectification orders and corresponding costs contribution by respondents; Court not satisfied damage to tessellated pathway and front step was caused by the trees or attributable to respondents.

Court Disposition

Application upheld in part.

Orders

  • The application is upheld in part.
  • Within 30 days, parties to obtain and exchange itemised quotes for repairs to 60 Myrtle Street, Stanmore (cracked masonry wall at front step and a specified area of brick paved patio).