Ridley v Gyler [2007] NSWLEC 220

Ridley v Gyler [2007] NSWLEC 220

On the uncontradicted evidence about the physical characteristics of the timber, the inspection of the Blackbutt canopy, and evidence that deadwood had previously been removed from the Blackbutt, it was probable on the balance of probabilities that the damage to the dormer ridge capping was caused by a branch from the dead tree on the respondents' property. The applicant was entitled to reimbursement for the roof repair quotation up to $380 upon production of a receipted invoice and $40 for replacement materials, but not $1000 for personal exertions because such claims do not appropriately fall within compensation orders under s 9 of the Act.

Jurisdiction
Australia
Judgment Date
20 April 2007
Procedural Posture
Application Pursuant to S 7 of the Trees (disputes Between Neighbours) Act 2006 / Ex Tempore Judgment
Outcome
Application allowed in part; the Court ordered removal of the dead tree by consent and awarded compensation for roof repair and materials, but refused compensation for personal exertions.
Legal Topics
['removal of Dead Tree' 'neighbouring Tree Damage' 'compensation for Property Damage']
['trees (disputes Between Neighbours)' 'land and Environment'] ['removal of Dead Tree' 'neighbouring Tree Damage' 'compensation for Property Damage']

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Procedural Posture

Application Pursuant to S 7 of the Trees (disputes Between Neighbours) Act 2006 / Ex Tempore Judgment

Legal Issues

  1. 1 ["Whether the dead tree on the respondents' property should be removed and to what height." 'Whether the respondents should pay compensation to the applicant for damage caused to his property.' "Whether damage to the applicant's dormer ridge capping was caused by branches from the dead tree on the respondents' property or deadwood from a Blackbutt tree on the applicant's property." "Whether compensation under s 9 of the Trees (Disputes Between Neighbours) Act 2006 extends to the applicant's personal exertions and time in replacing tiles."]

Ratio Decidendi

On the uncontradicted evidence about the physical characteristics of the timber, the inspection of the Blackbutt canopy, and evidence that deadwood had previously been removed from the Blackbutt, it was probable on the balance of probabilities that the damage to the dormer ridge capping was caused by a branch from the dead tree on the respondents' property. The applicant was entitled to reimbursement for the roof repair quotation up to $380 upon production of a receipted invoice and $40 for replacement materials, but not $1000 for personal exertions because such claims do not appropriately fall within compensation orders under s 9 of the Act.

Court Disposition

Application allowed in part; the Court ordered removal of the dead tree by consent and awarded compensation for roof repair and materials, but refused compensation for personal exertions.

Orders

  • ['By consent, the tree is to be removed to the point on its trunk marked on a photograph appended to and forming part of the Orders of the Court.' 'The tree removal is to occur within 60 days, with liberty for Mr and Mrs Gyler to approach the Court if necessary to seek an extension for weather or other reasons.' 'Mr...