Walker v Gribble [2016] NSWLEC 1645

Walker v Gribble [2016] NSWLEC 1645

The respondent's trees are a contributing cause (though not the only cause) of damage to the applicant's driveway, justifying a partial order for repair costs apportioned to the respondent.

Parties
Applicant: Leslie Walker; Respondent: Rachael Gribble
Jurisdiction
Australia
Judgment Date
06 December 2016
Procedural Posture
Trees (disputes Between Neighbours) Act Application / Final Judgment
Outcome
Application upheld
Legal Topics
Damage Caused by Trees, Apportionment of Costs, Neighbour Disputes
Property Law Tort Law Damage Caused by Trees Apportionment of Costs Neighbour Disputes

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Parties

Leslie Walker

Applicant

Rachael Gribble

Respondent

Procedural Posture

Trees (disputes Between Neighbours) Act Application / Final Judgment

Legal Issues

  1. 1 Whether roots from the respondent's trees have caused damage to the applicant's driveway
  2. 2 Extent of the respondent's liability for repairs

Ratio Decidendi

The respondent's trees are a contributing cause (though not the only cause) of damage to the applicant's driveway, justifying a partial order for repair costs apportioned to the respondent.

Court Disposition

Application upheld

Orders

  • If the applicant replaces the driveway within 12 months, the orders apply; otherwise, they lapse.
  • Applicant to obtain three itemised quotes for replacing the driveway, specifying the cost of the 40-metre section adjacent to the respondent's trees and the remainder.