Shepstone v Hansell and Ors [2012] NSWLEC 1147

Shepstone v Hansell and Ors [2012] NSWLEC 1147

The root from the respondents' property caused significant lifting of the applicant's garage slab, which created a tripping hazard and resulted in injury, thus s 10(2) of the Act is satisfied. However, as the tree is now dead, a root barrier is unnecessary; compensation and rectification are limited to the demonstrated area of uplift caused by tree roots, not including unrelated cracks.

Jurisdiction
Australia
Judgment Date
01 June 2012
Procedural Posture
Tree Dispute (class 2 Application) / Judgment After Hearing
Outcome
Application upheld in part; rectification ordered; compensation mechanism ordered against first and second respondents
Legal Topics
['damage to Property by Trees' 'compensation for Tree Root Damage' 'neighbour Relations (trees)']
['property Law' 'environmental Law'] ['damage to Property by Trees' 'compensation for Tree Root Damage' 'neighbour Relations (trees)']

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Procedural Posture

Tree Dispute (class 2 Application) / Judgment After Hearing

Legal Issues

  1. 1 ["Whether tree roots caused damage to applicant's property" 'Whether there is liability for injury caused by tree roots' 'What compensation or remedial orders should be made against respondents']

Ratio Decidendi

The root from the respondents' property caused significant lifting of the applicant's garage slab, which created a tripping hazard and resulted in injury, thus s 10(2) of the Act is satisfied. However, as the tree is now dead, a root barrier is unnecessary; compensation and rectification are limited to the demonstrated area of uplift caused by tree roots, not including unrelated cracks.

Court Disposition

Application upheld in part; rectification ordered; compensation mechanism ordered against first and second respondents

Orders

  • ['Application upheld in part.' 'Root barrier application dismissed.' 'Applicant to obtain three quotes for removal/replacement of 4.05m2 of slab; parties to exchange quotes; cheapest quote to be selected.' 'Applicant to engage and pay for work (excluding extras/dowelling).' 'First and second respondents to reimburse...