Moutia v Jarrett [2013] NSWLEC 1129

Moutia v Jarrett [2013] NSWLEC 1129

Given most of the sewer damage occurred before the respondent's ownership and that future damage within 12 months was unlikely due to recent repairs, the respondent was not liable for compensation and removal of the tree was unwarranted.

Jurisdiction
Australia
Judgment Date
19 July 2013
Procedural Posture
Application Under the Trees (disputes Between Neighbours) Act 2006 / Final Determination
Outcome
Application dismissed
Legal Topics
['neighbour Disputes' 'tree Root Damage' 'compensation for Property Damage']
['environmental Law' 'property Law'] ['neighbour Disputes' 'tree Root Damage' 'compensation for Property Damage']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether the respondent is liable for damage to applicant's sewer caused by tree roots" 'Whether an order for removal of the tree should be made under the Trees (Disputes Between Neighbours) Act 2006']

Ratio Decidendi

Given most of the sewer damage occurred before the respondent's ownership and that future damage within 12 months was unlikely due to recent repairs, the respondent was not liable for compensation and removal of the tree was unwarranted.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']