Cussen v Wright & anor [2011] NSWLEC 1015

Cussen v Wright & anor [2011] NSWLEC 1015

Roots from respondents' trees contributed to sewer damage but were not the sole cause, and with roots and pipes now attended to, no ongoing or likely future damage was established to justify removal. Compensation of $3,000 is appropriate given partial responsibility, notification issues, and contribution of other factors to the damage.

Jurisdiction
Australia
Judgment Date
28 January 2011
Procedural Posture
Tree Dispute Damage to Property and Compensation / Judgment
Outcome
Application to remove trees dismissed; compensation claim upheld in part.
Legal Topics
['trees and Neighbours' 'damage to Property' 'compensation']
['environmental Law' 'property Law'] ['trees and Neighbours' 'damage to Property' 'compensation']

Case Brief

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Procedural Posture

Tree Dispute Damage to Property and Compensation / Judgment

Legal Issues

  1. 1 ["Whether any of the respondents' trees caused or are likely in the near future to cause damage or injury to the applicant's property or any person" 'Whether compensation is payable for damage caused by tree roots to a sewer line' 'Whether the removal of the trees is justified under the Trees (Disputes Between Neighbours) Act 2006']

Ratio Decidendi

Roots from respondents' trees contributed to sewer damage but were not the sole cause, and with roots and pipes now attended to, no ongoing or likely future damage was established to justify removal. Compensation of $3,000 is appropriate given partial responsibility, notification issues, and contribution of other factors to the damage.

Court Disposition

Application to remove trees dismissed; compensation claim upheld in part.

Orders

  • ['The application to remove 12 trees is dismissed.' 'The respondents are to pay the applicant the amount of $3,000 within 30 days.']