Bennett v Shaw [2012] NSWLEC 1136

Bennett v Shaw [2012] NSWLEC 1136

The root, in all probability from Tree 2, has caused past damage and could in the near future cause further damage to the water pipe, engaging Court jurisdiction for Tree 2, but there is no real likelihood of injury from surface roots nor sufficient evidence of likely future damage from other trees to enliven jurisdiction for further orders.

Jurisdiction
Australia
Judgment Date
28 May 2012
Procedural Posture
Tree Dispute Application / Hearing and Judgment
Outcome
Application upheld in part
Legal Topics
['damage by Trees' 'neighbour Disputes']
['environmental Law' 'property Law'] ['damage by Trees' 'neighbour Disputes']

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Procedural Posture

Tree Dispute Application / Hearing and Judgment

Legal Issues

  1. 1 ['Whether tree roots caused or are likely to cause damage to property under s 10(2) of the Trees (Disputes Between Neighbours) Act 2006' 'Whether surface roots present a real risk of injury under the Act']

Ratio Decidendi

The root, in all probability from Tree 2, has caused past damage and could in the near future cause further damage to the water pipe, engaging Court jurisdiction for Tree 2, but there is no real likelihood of injury from surface roots nor sufficient evidence of likely future damage from other trees to enliven jurisdiction for further orders.

Court Disposition

Application upheld in part

Orders

  • ['Applicant to obtain and communicate quote(s) for rectification works to respondents; cheapest quote to be selected if initial quote not agreed.' 'Rectification works (root trimming and pipe sleeving) to be completed within 90 days.' 'Respondents to reimburse applicant 50% of cost within 21 days of tax invoice.'...