Fernandes v Vieira & anor [2017] NSWLEC 1092

Fernandes v Vieira & anor [2017] NSWLEC 1092

There was no evidence to substantiate the applicant's claim that the roots from the respondents' banana trees caused the alleged damage to the stormwater pipe; as the requirement in s 10(2)(a) of the Trees Act was not met, the Court has no jurisdiction to order reimbursement.

Parties
Applicant: Lynn Fernandes; Respondents: Antonio and Irene Vieira
Jurisdiction
Australia
Judgment Date
24 February 2017
Procedural Posture
Tree Dispute (class 2) / Final Hearing and Judgment
Outcome
Application dismissed
Legal Topics
Trees (disputes Between Neighbours), Compensation for Damage, Jurisdictional Requirements, Evidence of Causation
Property Law Trees (disputes Between Neighbours) Compensation for Damage Jurisdictional Requirements Evidence of Causation

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Parties

Lynn Fernandes

Applicant

Antonio and Irene Vieira

Respondents

Procedural Posture

Tree Dispute (class 2) / Final Hearing and Judgment

Legal Issues

  1. 1 Whether banana trees on respondents' property caused damage to applicant's PVC plumbing pipes under Trees (Disputes Between Neighbours) Act 2006
  2. 2 Whether sufficient evidence exists to establish causation between the trees and the pipe damage
  3. 3 Whether a reasonable effort to reach agreement was made by the applicant

Ratio Decidendi

There was no evidence to substantiate the applicant's claim that the roots from the respondents' banana trees caused the alleged damage to the stormwater pipe; as the requirement in s 10(2)(a) of the Trees Act was not met, the Court has no jurisdiction to order reimbursement.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.