Harrison v Pederson [2007] NSWLEC 384

Harrison v Pederson [2007] NSWLEC 384

Removal of the Camphor Laurel and cabbage palm trees was ordered since tree roots likely caused blockage of the sewer line, but insufficient evidence linked internal building cracks to the trees; ordinary tree detritus does not warrant intervention.

Jurisdiction
Australia
Judgment Date
20 June 2007
Procedural Posture
Neighbour Application Under Trees (disputes Between Neighbours) Act 2006 / Ex Tempore Judgment Following Onsite Hearing
Outcome
Orders for removal of the trees and electric eel operation of sewer line at respondent's expense; remaining claims dismissed.
Legal Topics
['tree Disputes' 'neighbour Responsibilities' 'blocked Sewer Line' 'removal of Trees']
['property' 'environmental'] ['tree Disputes' 'neighbour Responsibilities' 'blocked Sewer Line' 'removal of Trees']

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Procedural Posture

Neighbour Application Under Trees (disputes Between Neighbours) Act 2006 / Ex Tempore Judgment Following Onsite Hearing

Legal Issues

  1. 1 ["Whether the Camphor Laurel and New Zealand cabbage palm on neighbouring property caused damage (blocked sewer, internal cracks) to applicant's property" 'Whether the Court should order removal of the trees or alternative remedial action' 'Whether compensation is payable for claimed damages']

Ratio Decidendi

Removal of the Camphor Laurel and cabbage palm trees was ordered since tree roots likely caused blockage of the sewer line, but insufficient evidence linked internal building cracks to the trees; ordinary tree detritus does not warrant intervention.

Court Disposition

Orders for removal of the trees and electric eel operation of sewer line at respondent's expense; remaining claims dismissed.

Orders

  • ["Remove Camphor Laurel and cabbage palm trees within 90 days of Court's order." "Run electric eel through applicant's sewer line within 28 days after tree removal to clear remaining roots." "Tree removal and sewer clearing to be at Ms Pederson's expense." 'Ms Pederson to be given opportunity to be heard further on...