Sutton v Killin & anor [2007] NSWLEC 668

Sutton v Killin & anor [2007] NSWLEC 668

The Court found, on balance, that roots from the respondents' Liquidambar tree caused damage to the applicant's sewer pipe, triggering jurisdiction under s 10(2)(a) of the Act, entitling the applicant to compensation for reasonable repairs (apportioned), and justified the order for removal of the tree stump to prevent future damage.

Parties
Applicant: Melita Sutton; Respondents: Brian & Julie Killin
Jurisdiction
Australia
Judgment Date
20 September 2007
Procedural Posture
Neighbour Application Under Trees (disputes Between Neighbours) Act 2006 / Ex Tempore Judgment
Outcome
Orders made in favour of the applicant in part. Respondents required to pay specified compensation and remove tree stump.
Legal Topics
Tree Disputes Between Neighbours, Damage to Property by Trees, Compensation for Damage, Removal Orders
Environmental Law Property Law Tree Disputes Between Neighbours Damage to Property by Trees Compensation for Damage Removal Orders

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Parties

Melita Sutton

Applicant

Brian & Julie Killin

Respondents

Procedural Posture

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

Legal Issues

  1. 1 Whether Ms Sutton is entitled to compensation for expenses incurred in preparation and in the proceedings
  2. 2 Whether plumbing costs due to tree root invasion are recoverable
  3. 3 Whether the remaining Liquidambar tree should be removed

Ratio Decidendi

The Court found, on balance, that roots from the respondents' Liquidambar tree caused damage to the applicant's sewer pipe, triggering jurisdiction under s 10(2)(a) of the Act, entitling the applicant to compensation for reasonable repairs (apportioned), and justified the order for removal of the tree stump to prevent future damage.

Court Disposition

Orders made in favour of the applicant in part. Respondents required to pay specified compensation and remove tree stump.

Orders

  • Respondents to pay applicant $543.00 within 28 days of the date of orders.
  • Respondents to remove the remainder of the Liquidambar tree stump and grind to 300mm depth within 60 days of the date of orders.