Theuma & anor v Di Bella & anor [2013] NSWLEC 1156

The Cocos Palm was found to have caused damage to the garage roof, engaging the Court’s jurisdiction for tree removal and compensation; insufficient evidence that the tree roots were a significant cause of the crack in the garage wall, so compensation for wall damage was denied.

Jurisdiction: Australia
Judgment Date: 16 August 2013
Procedural Posture: Application Under Trees (disputes Between Neighbours) Act 2006 / Final Judgment
Outcome: Application upheld in part
Legal Topics: ['trees and Property Damage' 'compensation' 'neighbour Disputes']

['environmental Law' 'property Law'] ['trees and Property Damage' 'compensation' 'neighbour Disputes']

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Application Under Trees (disputes Between Neighbours) Act 2006 / Final Judgment

Legal Issues

1 ['Whether the Cocos Palm caused damage to applicants’ property' 'Whether the respondents are liable for compensation for roof damage' 'Whether removal of the tree is warranted' 'Whether cracks in garage wall are caused by tree roots']

Ratio Decidendi

Court Disposition

Application upheld in part

Orders

['Application for compensation for garage wall damage dismissed.' 'Respondents to engage and pay for AQF level 3 arborist to remove palm tree to ground level within 30 days.' 'Applicants to provide reasonable access for tree removal.' 'Respondents to remove palm roots to depth of 300mm beside garage wall to distance...