Baker v Grabovac [2010] NSWLEC 1289

Baker v Grabovac [2010] NSWLEC 1289

The Court was satisfied that roots from the respondent's Camphor Laurel caused damage to the applicants' sewer, enlivening jurisdiction under s 10(2). However, inadequately sealed pipe joins contributed to the damage, the evidence only proved $6,500 in payments, and the quotes, tax invoices and partial payments were confusing and insufficiently itemised. Although urgent plumbing attention was appropriate and the respondent had notice of future works, a discount in favour of the respondent was warranted. The application was therefore upheld in part and the respondent was ordered to pay $2,800 within 60 days.

Jurisdiction
Australia
Judgment Date
21 October 2010
Procedural Posture
Application Pursuant to Part 2 S 7 of the Trees (disputes Between Neighbours) Act 2006 for Compensation for Damage to Sewer Pipes Allegedly Caused by a Neighbour's Tree / Extemporaneous Judgment After on Site Hearing
Outcome
Application upheld in part.
Legal Topics
['compensation' 'damage to Sewer' 'tree Roots' 'camphor Laurel' 'costs of Application']
['trees Disputes Between Neighbours' 'property Damage' 'land and Environment Court Proceedings'] ['compensation' 'damage to Sewer' 'tree Roots' 'camphor Laurel' 'costs of Application']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application Pursuant to Part 2 S 7 of the Trees (disputes Between Neighbours) Act 2006 for Compensation for Damage to Sewer Pipes Allegedly Caused by a Neighbour's Tree / Extemporaneous Judgment After on Site Hearing

Legal Issues

  1. 1 ["Whether the respondent's Camphor Laurel caused damage to the applicants' sewer pipes." "Whether the Court's jurisdiction to make an order under s 10(2) of the Trees (Disputes Between Neighbours) Act 2006 was enlivened." 'What amount of compensation, if any, should be paid having regard to the evidence of payments, the contributing factor of inadequately sealed pipe joins, notice to the respondent, and the conduct of the parties.' 'Whether costs associated with making the application could be awarded by Commissioners.']

Ratio Decidendi

The Court was satisfied that roots from the respondent's Camphor Laurel caused damage to the applicants' sewer, enlivening jurisdiction under s 10(2). However, inadequately sealed pipe joins contributed to the damage, the evidence only proved $6,500 in payments, and the quotes, tax invoices and partial payments were confusing and insufficiently itemised. Although urgent plumbing attention was appropriate and the respondent had notice of future works, a discount in favour of the respondent was warranted. The application was therefore upheld in part and the respondent was ordered to pay $2,800 within 60 days.

Court Disposition

Application upheld in part.

Orders

  • ['The application is upheld in part.' 'The respondent is to pay the applicants the sum of $2800.00 within 60 days of the date of these orders.']