Alshadaida v Elasmar [2015] NSWLEC 1236

Alshadaida v Elasmar [2015] NSWLEC 1236

The Jacaranda tree has contributed to the displacement of the applicant’s concrete path to the extent of 50%. The Court orders the respondent to pay half the cost of grinding (or equivalent cost if replaced) but not for repair/replacement of other claimed issues, as there is insufficient evidence of damage or causation by the tree for those other items.

Jurisdiction
Australia
Judgment Date
26 June 2015
Procedural Posture
Trees (disputes Between Neighbours) Application / Judgment at First Instance
Outcome
Application upheld in part.
Legal Topics
['tree Disputes' 'damage Apportionment' 'repair Orders']
['property Law' 'environmental Law'] ['tree Disputes' 'damage Apportionment' 'repair Orders']

Case Brief

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Procedural Posture

Trees (disputes Between Neighbours) Application / Judgment at First Instance

Legal Issues

  1. 1 ['Whether the Jacaranda tree caused damage to the applicant’s property' 'What remedies, if any, should be ordered under the Trees (Disputes Between Neighbours) Act 2006']

Ratio Decidendi

The Jacaranda tree has contributed to the displacement of the applicant’s concrete path to the extent of 50%. The Court orders the respondent to pay half the cost of grinding (or equivalent cost if replaced) but not for repair/replacement of other claimed issues, as there is insufficient evidence of damage or causation by the tree for those other items.

Court Disposition

Application upheld in part.

Orders

  • ['The application is upheld.' 'The applicant is to obtain three quotes for grinding the concrete path between her dwelling and the common boundary to the north to achieve a safe and functional surface, and provide copies to the respondent within 30 days.' 'Within 90 days the applicant is to engage and pay for a...