Spence v Syed and Anor [2008] NSWLEC 1331

Spence v Syed and Anor [2008] NSWLEC 1331

Four Cypress trees on the respondents' property had caused damage to Ms Spence's driveway and rear pathway, and because their proximity to the boundary made root barriers impracticable and potentially destabilising, removal of those trees was necessary to deal with existing damage and prevent future damage; compensation was limited to $5000 having regard to apportionment between Ms Spence's land and the Council road reserve and the respondents' notice of the damage.

Jurisdiction
Australia
Judgment Date
28 July 2008
Procedural Posture
Trees (neighbours) Application Under the Trees (disputes Between Neighbours) Act 2006 / Extempore Judgment
Outcome
Application allowed in part; removal ordered for four Cypress trees and compensation ordered in the amount of $5000, but removal of the New Zealand Christmas tree was not ordered.
Legal Topics
['tree Removal' 'property Damage' 'compensation' 'root Damage']
['land and Environment' 'neighbouring Trees'] ['tree Removal' 'property Damage' 'compensation' 'root Damage']

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Procedural Posture

Trees (neighbours) Application Under the Trees (disputes Between Neighbours) Act 2006 / Extempore Judgment

Legal Issues

  1. 1 ["Whether trees on 12 Armata Court caused damage to Ms Spence's driveway and rear pathway at 14 Armata Court." 'Whether the appropriate remedy was installation of root barriers or removal of the trees.' 'Whether compensation should be ordered for rectification of the paved driveway and rear pathway.']

Ratio Decidendi

Four Cypress trees on the respondents' property had caused damage to Ms Spence's driveway and rear pathway, and because their proximity to the boundary made root barriers impracticable and potentially destabilising, removal of those trees was necessary to deal with existing damage and prevent future damage; compensation was limited to $5000 having regard to apportionment between Ms Spence's land and the Council road reserve and the respondents' notice of the damage.

Court Disposition

Application allowed in part; removal ordered for four Cypress trees and compensation ordered in the amount of $5000, but removal of the New Zealand Christmas tree was not ordered.

Orders

  • ["Mr and Mrs Syed are to remove the three Cypress trees in front of their property and the Cypress tree at the rear of the property within 60 days of the date of the Court's orders." 'Such removal is to be undertaken by an AQF level 3 qualified arborist with appropriate insurances.' 'If necessary for removal of or...