Truong v Bolluk and Biber [2018] NSWLEC 1378

Truong v Bolluk and Biber [2018] NSWLEC 1378

Although the tree's roots caused uneven pavers, the damage was foreseeable as the tree pre-existed the installation. The owners of the tree did not contribute to the damage and the pavers can be repaired without removing the tree. No compensation or removal is justified.

Parties
Applicant: Hue-Linh Truong; First Respondent: Selcuk Bolluk; Second Respondent: Hatice Biber
Jurisdiction
Australia
Judgment Date
18 July 2018
Procedural Posture
Class 2 / Final Determination
Outcome
Application dismissed
Legal Topics
Trees (disputes Between Neighbours), Damage to Property, Tree Removal, Compensation, Repair of Property
Property Law Environmental Law Trees (disputes Between Neighbours) Damage to Property Tree Removal Compensation Repair of Property

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Parties

Hue-Linh Truong

Applicant

Selcuk Bolluk

First Respondent

Hatice Biber

Second Respondent

Procedural Posture

Class 2 / Final Determination

Legal Issues

  1. 1 Has the tree caused damage to the applicant's property?
  2. 2 Should the tree be removed?
  3. 3 Are the respondents liable for the damage or for compensation?

Ratio Decidendi

Although the tree's roots caused uneven pavers, the damage was foreseeable as the tree pre-existed the installation. The owners of the tree did not contribute to the damage and the pavers can be repaired without removing the tree. No compensation or removal is justified.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.