Williams v Robertson [2022] NSWLEC 1118

Williams v Robertson [2022] NSWLEC 1118

The dent in the garage roof caused by a falling branch from tree 1 was minor but sufficient to engage s 10(2)(a) of the Trees Act. However, the applicants did not prove actionable damage from tree debris, root damage from tree 2, termite-related damage, or a likelihood of injury from tree 1 beyond a low and acceptable risk. Considering the discretionary matters in s 12, including that tree 1 predated the garage, the trees' amenity and environmental benefits, and the lack of notice before prior pruning, the appropriate order was limited to a process for repair of the small roof dent with respondents reimbursing 50% of the cheapest quotation if the applicants proceed, and no compensation...

Jurisdiction
Australia
Judgment Date
07 March 2022
Procedural Posture
Class 1 Application Under S 7 of Pt 2 of the Trees (disputes Between Neighbours) Act 2006 / Principal Judgment After Hearing and Site Visit
Outcome
Limited orders made for repair of one small garage roof dent if the applicants elect to proceed; other claims, including removal of the trees, debris damage, concrete damage, injury risk, and compensation for prior pruning, were dismissed or set aside.
Legal Topics
['apprehension of Damage and Injury' 'tree Debris Falling Onto Garage Roof and Gutters' 'damage to Garage Roof' 'alleged Root Damage to Concrete' 'risk of Injury From Falling Branches' 'tree Was There First']
['trees Disputes Between Neighbours' 'property' 'land and Environment Court Proceedings'] ['apprehension of Damage and Injury' 'tree Debris Falling Onto Garage Roof and Gutters' 'damage to Garage Roof' 'alleged Root Damage to Concrete' 'risk of Injury From Falling Branches' 'tree Was There First']

Case Brief

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Procedural Posture

Class 1 Application Under S 7 of Pt 2 of the Trees (disputes Between Neighbours) Act 2006 / Principal Judgment After Hearing and Site Visit

Legal Issues

  1. 1 ["Whether the trees had caused, were causing or were likely in the near future to cause damage to the applicants' property under s 10(2)(a) of the Trees (Disputes Between Neighbours) Act 2006." 'Whether tree 1 was likely to cause injury to any person under s 10(2)(b) of the Trees (Disputes Between Neighbours) Act 2006.' 'Whether leaves, bark, fruit and small sticks falling onto the garage roof and into gutters constituted actionable damage under the Trees Act.' 'Whether alleged concrete uplift was caused by roots of tree 2.' 'Whether any orders or compensation should be made, including for garage roof repair and prior pruning costs.']

Ratio Decidendi

The dent in the garage roof caused by a falling branch from tree 1 was minor but sufficient to engage s 10(2)(a) of the Trees Act. However, the applicants did not prove actionable damage from tree debris, root damage from tree 2, termite-related damage, or a likelihood of injury from tree 1 beyond a low and acceptable risk. Considering the discretionary matters in s 12, including that tree 1 predated the garage, the trees' amenity and environmental benefits, and the lack of notice before prior pruning, the appropriate order was limited to a process for repair of the small roof dent with respondents reimbursing 50% of the cheapest quotation if the applicants proceed, and no compensation...

Court Disposition

Limited orders made for repair of one small garage roof dent if the applicants elect to proceed; other claims, including removal of the trees, debris damage, concrete damage, injury risk, and compensation for prior pruning, were dismissed or set aside.

Orders

  • ['Should the applicants wish to proceed with repairs to remedy one small dent on the garage roof that arose in April 2018 as a result of a branch falling from tree 1, the applicants shall inform the respondents of this intention in writing within 30 days of these orders being made.' 'If this letter of intention is...