Pollachini v Estate of the late Peter Dimitropoulos [2020] NSWLEC 1463

Pollachini v Estate of the late Peter Dimitropoulos [2020] NSWLEC 1463

The Court was satisfied under s 10(2)(a) that the tree's stump and major lateral roots caused concrete uplift and cracking, sewer root obstruction, and fence and gate damage, giving jurisdiction to make remedial and compensation orders. The Court was not satisfied that a causal nexus between the tree roots and the house wall, ceiling or bathroom tile cracking had been proven, and the remaining injury risks were either resolved by the remedial orders or dismissed as acceptable or unproven.

Jurisdiction
Australia
Judgment Date
29 September 2020
Procedural Posture
Class 2 Application Under the Trees (disputes Between Neighbours) Act 2006 / Principal Judgment After on Site Hearing
Outcome
Application granted.
Legal Topics
['tree Root Damage to Driveway, Fence, Gate and Sewer' 'causation of Alleged House Cracking' 'risk of Injury From Tree Related Damage' 'orders for Remedial Work and Compensation']
['trees Disputes Between Neighbours' 'property Damage' 'land and Environment'] ['tree Root Damage to Driveway, Fence, Gate and Sewer' 'causation of Alleged House Cracking' 'risk of Injury From Tree Related Damage' 'orders for Remedial Work and Compensation']

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Procedural Posture

Class 2 Application Under the Trees (disputes Between Neighbours) Act 2006 / Principal Judgment After on Site Hearing

Legal Issues

  1. 1 ["Whether the Camphor laurel on the respondents' adjoining land caused, was causing, or was likely in the near future to cause damage to the applicant's property." 'Whether the tree was likely to cause injury to any person.' 'Whether the applicant proved a causal nexus between the tree roots and cracking to the house walls, ceilings and bathroom tile.' 'What remedial and compensation orders should be made under the Trees (Disputes Between Neighbours) Act 2006.']

Ratio Decidendi

The Court was satisfied under s 10(2)(a) that the tree's stump and major lateral roots caused concrete uplift and cracking, sewer root obstruction, and fence and gate damage, giving jurisdiction to make remedial and compensation orders. The Court was not satisfied that a causal nexus between the tree roots and the house wall, ceiling or bathroom tile cracking had been proven, and the remaining injury risks were either resolved by the remedial orders or dismissed as acceptable or unproven.

Court Disposition

Application granted.

Orders

  • ['The application is granted.' 'The respondents shall reimburse Ms Pollachini the sum of $250.00, via Electronic Funds Transfer (EFT) or Bank Cheque, within 14 days of receipt of a copy of the paid invoice from On Road Plumbing Pty Ltd, dated April 2020, emailed to either the respondents or the agent.' "The...