Tsai v Pacca [2022] NSWLEC 1092

Tsai v Pacca [2022] NSWLEC 1092

The respondents' tree caused damage to the applicant's property, and the respondents' actions constituted adoption of a nuisance; a reasonable apportionment of repair costs was required, with a capped 50/50 split and respondents bearing tree removal costs.

Jurisdiction
Australia
Judgment Date
16 February 2022
Procedural Posture
Pt 2 Application Under Trees (disputes Between Neighbours) Act 2006 / Principal Judgment
Outcome
Application granted to the extent of specified orders.
Legal Topics
['tree Removal' 'damage to Property' 'nuisance' 'compensation' 'apportionment of Costs']
['property Law' 'environmental Law' 'neighbour Disputes'] ['tree Removal' 'damage to Property' 'nuisance' 'compensation' 'apportionment of Costs']

Case Brief

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Procedural Posture

Pt 2 Application Under Trees (disputes Between Neighbours) Act 2006 / Principal Judgment

Legal Issues

  1. 1 ["Whether the respondents' tree has caused damage to the applicant's property" 'Whether and how the respondents should organise and pay for repairing the damage' 'Appropriate apportionment of repair costs between neighbours' 'Order for tree removal and replacement planting']

Ratio Decidendi

The respondents' tree caused damage to the applicant's property, and the respondents' actions constituted adoption of a nuisance; a reasonable apportionment of repair costs was required, with a capped 50/50 split and respondents bearing tree removal costs.

Court Disposition

Application granted to the extent of specified orders.

Orders

  • ['Respondents to engage and pay for qualified arborist to remove cypress tree and grind stump; additional root grinding if applicant removes paving.' 'Works to follow Safe Work Australia 2016 guidelines.' "Respondents must give applicant 7 days' notice of works." 'Applicant must allow required access during...