Jefford v Shubert [2007] NSWLEC 547

The privet tree's branches and roots caused or contributed to damage to the pergola and retaining wall. Compensation is to be apportioned, considering the age of materials and uncertainty regarding complete causation for the wall. A 50/50 split for the pergola repairs and 70/30 for the retaining wall repairs is reasonable.

Parties: Applicant: Gabriela Jefford; Respondent: Brian Shubert
Jurisdiction: Australia
Judgment Date: 22 August 2007
Procedural Posture: Application Under S 7 of the Trees (disputes Between Neighbours) Act 2006 / Final Judgment
Outcome: Orders made in favour of the applicant with apportionment of compensation between parties.
Legal Topics: Tree Disputes, Nuisance, Damage to Property, Compensation

Environmental Law Tort Law Tree Disputes Nuisance Damage to Property Compensation

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Parties

Gabriela Jefford

Applicant

Brian Shubert

Respondent

Procedural Posture

Application Under S 7 of the Trees (disputes Between Neighbours) Act 2006 / Final Judgment

Legal Issues

1 Whether the privet tree caused damage to the pergola and retaining wall on the applicant's property
2 Whether the respondent is liable for the cost of removal and compensation for damage

Ratio Decidendi

Court Disposition

Orders made in favour of the applicant with apportionment of compensation between parties.

Orders

Mr and Mrs Shubert are to remove the privet tree within 30 days.
Mr and Mrs Shubert are to pay compensation for the damage rectification of the pergola in the sum of $250.00.