Donaldson v Wong [2007] NSWLEC 321

Donaldson v Wong [2007] NSWLEC 321

The Court was satisfied the wall was damaged by the roots of the respondent's tree, enlivening its jurisdiction to make orders, and orders were made by consent for removal of debris, reconstruction of the wall, certification of the structure, and protection of tree roots.

Parties
Applicant: Ian Donaldson; Applicant: Gail Donaldson; Respondent: Helen Wong
Jurisdiction
Australia
Judgment Date
17 May 2007
Procedural Posture
Neighbour Application / Consent Orders
Outcome
Orders made by consent
Legal Topics
Trees (neighbours), Rectification of Damage, Consent Orders
Environmental Law Trees (neighbours) Rectification of Damage Consent Orders

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 1 Party arguments 2
Sign in to unlock

Parties

Ian Donaldson

Applicant

Gail Donaldson

Applicant

Helen Wong

Respondent

Procedural Posture

Neighbour Application / Consent Orders

Legal Issues

  1. 1 Whether the roots of a tree on adjoining land caused damage to a dividing wall
  2. 2 Whether the Court has jurisdiction under the Trees (Disputes Between Neighbours) Act 2006

Ratio Decidendi

The Court was satisfied the wall was damaged by the roots of the respondent's tree, enlivening its jurisdiction to make orders, and orders were made by consent for removal of debris, reconstruction of the wall, certification of the structure, and protection of tree roots.

Court Disposition

Orders made by consent

Orders

  • Applicants to remove rubbish and rubble at their cost from the site of the existing wall.
  • Within 30 days of removal, respondent to arrange reconstruction of the dividing wall on same structural construction basis, at her cost.