Sidebottom v Cairney [2007] NSWLEC 356

Sidebottom v Cairney [2007] NSWLEC 356

Root pruning and root barrier installation are appropriate remedies, given that the tree’s roots have caused damage, but there is no likelihood of further damage, and removal of the tree is not warranted.

Jurisdiction
Australia
Judgment Date
14 June 2007
Procedural Posture
Neighbour Application Under Trees (disputes Between Neighbours) Act 2006 / Final Determination Following Hearing
Outcome
Application granted in part with orders for root pruning and root barrier installation, but not removal of the tree or repairs to the retaining wall.
Legal Topics
['trees (neighbour Disputes)' 'root Pruning' 'root Barrier Installation' 'damage to Property']
['property Law' 'environmental Law'] ['trees (neighbour Disputes)' 'root Pruning' 'root Barrier Installation' 'damage to Property']

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 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Neighbour Application Under Trees (disputes Between Neighbours) Act 2006 / Final Determination Following Hearing

Legal Issues

  1. 1 ['Damage caused by roots of neighbouring tree' 'Entitlement to orders for root pruning' 'Apportionment of costs for remediation' 'Need for orders regarding retaining wall']

Ratio Decidendi

Root pruning and root barrier installation are appropriate remedies, given that the tree’s roots have caused damage, but there is no likelihood of further damage, and removal of the tree is not warranted.

Court Disposition

Application granted in part with orders for root pruning and root barrier installation, but not removal of the tree or repairs to the retaining wall.

Orders

  • ["The roots are to be pruned at the existing fence line from 2 m north of the tree’s northern trunk to the rear building line of Mr Sidebottom's house." 'Root pruning is not required to be carried out by an arborist.' 'Root pruning to be done by Ms Cairney within 90 days of the orders.' "Ms Cairney (or authorised...