Briggs v Jones & anor [2015] NSWLEC 1248

Briggs v Jones & anor [2015] NSWLEC 1248

The Court was satisfied on the balance of probabilities that roots from the respondents' Eucalypt caused damage to the applicant's sewer by way of blockage, engaging the Court's powers to make orders. Because the evidence supported only one receipted plumbing invoice, reimbursement of $143.00 was reasonable. No rectification orders were made because the applicant had not provided sufficient evidence of the location, nature and extent of any physical damage to the sewer pipes.

Jurisdiction
Australia
Judgment Date
06 July 2015
Procedural Posture
Class 2 Application Under S 7 Part 2 of the Trees (disputes Between Neighbours) Act 2006 / Principal Judgment
Outcome
Application upheld in part; orders for compensation.
Legal Topics
['damage to Property From Tree Roots' 'blocked Sewer' 'compensation' 'rectification Works' 'removed Trees']
['trees Disputes Between Neighbours' 'property Damage'] ['damage to Property From Tree Roots' 'blocked Sewer' 'compensation' 'rectification Works' 'removed Trees']

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Procedural Posture

Class 2 Application Under S 7 Part 2 of the Trees (disputes Between Neighbours) Act 2006 / Principal Judgment

Legal Issues

  1. 1 ["Whether the respondents' Eucalyptus saligna caused damage to the applicant's sewer by way of blockage." 'Whether compensation should be ordered for plumbing costs incurred in clearing the sewer.' "Whether orders should be made for rectification works to the sewer at the respondents' expense."]

Ratio Decidendi

The Court was satisfied on the balance of probabilities that roots from the respondents' Eucalypt caused damage to the applicant's sewer by way of blockage, engaging the Court's powers to make orders. Because the evidence supported only one receipted plumbing invoice, reimbursement of $143.00 was reasonable. No rectification orders were made because the applicant had not provided sufficient evidence of the location, nature and extent of any physical damage to the sewer pipes.

Court Disposition

Application upheld in part; orders for compensation.

Orders

  • ['The application is upheld in part.' 'Within 21 days of the date of this judgment, the respondents are to pay the applicant the sum of $143.00.']