Ambour v Micdomjon Pty Limited [2012] NSWLEC 1041

Ambour v Micdomjon Pty Limited [2012] NSWLEC 1041

The roots of Eucalypt trees on the respondent's property caused damage to the applicants' sewer pipe, and the respondent is liable to reimburse the applicants for 80% of the cost of repairs and, upon receipt of additional quotes, 80% of the cost of concreting works; discounting applied due to the applicants' failure to promptly notify the respondent, which denied the respondent opportunity to inspect and obtain alternative quotes.

Jurisdiction
Australia
Judgment Date
24 February 2012
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Principal Judgment
Outcome
Application upheld in part; compensation ordered
Legal Topics
['tree Disputes' 'neighbour Compensation' 'damage to Property' 'apportionment' 'notification Requirements']
['environmental Law' 'property Law'] ['tree Disputes' 'neighbour Compensation' 'damage to Property' 'apportionment' 'notification Requirements']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether roots from trees on respondent's land caused damage to applicant's sewer" 'Whether respondent is liable for compensation for such damage' 'Appropriate apportionment of costs' 'Sufficiency of notification by applicants to respondent' 'Responsibility for cost of tree removal']

Ratio Decidendi

The roots of Eucalypt trees on the respondent's property caused damage to the applicants' sewer pipe, and the respondent is liable to reimburse the applicants for 80% of the cost of repairs and, upon receipt of additional quotes, 80% of the cost of concreting works; discounting applied due to the applicants' failure to promptly notify the respondent, which denied the respondent opportunity to inspect and obtain alternative quotes.

Court Disposition

Application upheld in part; compensation ordered

Orders

  • ['The application is upheld in part.' 'The respondent is to pay the applicants $5,242.28 within 30 days.' 'Within 30 days, the applicants are to obtain an additional quote for concreting; respondent may obtain one quote; parties to exchange quotes; if no agreement, the cheapest quote to be chosen.' 'Applicants to...