Muir v Owners Corporation SP 35683 [2011] NSWLEC 1276

Muir v Owners Corporation SP 35683 [2011] NSWLEC 1276

The evidence supports that Magnolia tree roots caused disruption to brick paving but does not sufficiently establish that roots caused the crack in the sewer pipe. Compensation is warranted for paving repair but not for sewer repair. Removal of the tree is not justified.

Jurisdiction
Australia
Judgment Date
23 September 2011
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Judgment
Outcome
Application to remove the tree dismissed; partial compensation awarded for paving repair.
Legal Topics
['tree Disputes' 'damage to Property' 'neighbourhood Disputes' 'compensation']
['environmental Law' 'property Law'] ['tree Disputes' 'damage to Property' 'neighbourhood Disputes' 'compensation']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether Magnolia tree roots caused damage to applicant's property" 'Whether the tree should be removed' 'Whether compensation is payable for damage to paving and sewer pipes']

Ratio Decidendi

The evidence supports that Magnolia tree roots caused disruption to brick paving but does not sufficiently establish that roots caused the crack in the sewer pipe. Compensation is warranted for paving repair but not for sewer repair. Removal of the tree is not justified.

Court Disposition

Application to remove the tree dismissed; partial compensation awarded for paving repair.

Orders

  • ['The application to remove the tree is dismissed.' 'If the applicant relays the paved area within six months, the applicant must serve the respondent with a receipted account within 28 days of receipt (no later than seven months from date).' 'If the above is complied with, the respondent is to pay the applicant...