Sant v Hampson [2019] NSWLEC 1102

Sant v Hampson [2019] NSWLEC 1102

The Jacaranda has raised one slab of the applicant's driveway, creating a trip hazard. Removal of the tree is not proportionate given its amenity and the extent of damage. Grinding the raised edges of the slab to eliminate the hazard achieves a balance between property restoration and tree preservation.

Jurisdiction
Australia
Judgment Date
13 March 2019
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 (nsw) / Principal Judgment
Outcome
Orders made requiring applicant to arrange driveway edge grinding and respondents to reimburse.
Legal Topics
['tree Disputes' 'damage to Property' 'remedies' 'neighbour Relations']
['environmental Law' 'property Law'] ['tree Disputes' 'damage to Property' 'remedies' 'neighbour Relations']

Case Brief

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Procedural Posture

Application Under Trees (disputes Between Neighbours) Act 2006 (nsw) / Principal Judgment

Legal Issues

  1. 1 ["Whether the Jacaranda tree has caused damage to the applicant's driveway" 'Whether removal of the tree or repair of the driveway is an appropriate remedy' 'Balancing tree preservation against remedying property damage']

Ratio Decidendi

The Jacaranda has raised one slab of the applicant's driveway, creating a trip hazard. Removal of the tree is not proportionate given its amenity and the extent of damage. Grinding the raised edges of the slab to eliminate the hazard achieves a balance between property restoration and tree preservation.

Court Disposition

Orders made requiring applicant to arrange driveway edge grinding and respondents to reimburse.

Orders

  • ['The applicant is to obtain two quotes for grinding the northern and southern edges of the raised concrete driveway slab nearest the neighbouring Jacaranda tree. The applicant is to provide the respondents with copies of the quotes within 14 days of the date of these orders.' 'The applicant is to engage a...