Campbell v Brentin [2022] NSWLEC 1527

Campbell v Brentin [2022] NSWLEC 1527

Of the eight trees, five (Trees 1, 3, 5, 6, and 8) are to be removed as they have caused past damage or present a foreseeable risk of future damage or injury under s 10(2)(a) and (b) of the Trees Act. One tree (Tree 7) requires selective pruning to mitigate risk. Compensation was ordered only for substantiated past repairs to sewer pipes and roof, discounted to allow for pre-existing conditions and principles articulated in relevant case law; the cost of future necessary works will be partly apportioned. Maintenance for general debris is not compensable. Fence repair was ordered only at the portion affected by Tree 8.

Parties
First Applicant: Cherie Campbell; Second Applicant: Neil Everson; Respondent: Daniel Brentin
Jurisdiction
Australia
Judgment Date
27 September 2022
Procedural Posture
Class 1 Trees (disputes Between Neighbours) Application / Final Determination and Orders
Outcome
Orders made for partial compensation, tree removal, pruning, and repair works; applicants' broader compensation claims dismissed; costs not ordered.
Legal Topics
Tree Disputes, Damage to Property, Neighbour Disputes, Compensation for Damage
Environment and Planning Law Tree Disputes Damage to Property Neighbour Disputes Compensation for Damage

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Parties

Cherie Campbell

First Applicant

Neil Everson

Second Applicant

Daniel Brentin

Respondent

Procedural Posture

Class 1 Trees (disputes Between Neighbours) Application / Final Determination and Orders

Legal Issues

  1. 1 Whether trees on the respondent's property have caused, are causing, or are likely to cause damage to the applicants' property or injury to any person, within the meaning of the Trees (Disputes Between Neighbours) Act 2006
  2. 2 Whether compensation should be awarded for past and future damage caused by the trees, including sewer and roof repairs
  3. 3 Whether the applicants are entitled to an order for removal, pruning, or other remediation of the identified trees

Ratio Decidendi

Of the eight trees, five (Trees 1, 3, 5, 6, and 8) are to be removed as they have caused past damage or present a foreseeable risk of future damage or injury under s 10(2)(a) and (b) of the Trees Act. One tree (Tree 7) requires selective pruning to mitigate risk. Compensation was ordered only for substantiated past repairs to sewer pipes and roof, discounted to allow for pre-existing conditions and principles articulated in relevant case law; the cost of future necessary works will be partly apportioned. Maintenance for general debris is not compensable. Fence repair was ordered only at the portion affected by Tree 8.

Court Disposition

Orders made for partial compensation, tree removal, pruning, and repair works; applicants' broader compensation claims dismissed; costs not ordered.

Orders

  • Respondent to pay applicants $1874.68 within 45 days as compensation for past plumbing damage.
  • Each party to procure and exchange up to two quotes for sewer pipe repair; apportionment based on cheapest quote meeting licensing and insurance requirements.