McVicker v Finlay & anor [2016] NSWLEC 1019

McVicker v Finlay & anor [2016] NSWLEC 1019

The Court dismissed the application, finding insufficient evidence of a nexus between the respondents' tree roots and the structural damage to the applicant's property. Even where causation was probable, discretionary factors (lack of notice, other contributing factors, minor nature of damage) outweighed granting any rectification or compensation orders at respondents' expense.

Parties
Applicant: Mr M McVicker; Respondents: Mr P & Ms R Finlay
Jurisdiction
Australia
Judgment Date
21 January 2016
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Final Hearing and Judgment
Outcome
Application dismissed
Legal Topics
Tree Disputes, Damage to Property, Compensation, Evidentiary Requirements, Discretionary Orders
Property Law Environmental Law Tree Disputes Damage to Property Compensation Evidentiary Requirements Discretionary Orders

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Parties

Mr M McVicker

Applicant

Mr P & Ms R Finlay

Respondents

Procedural Posture

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

Legal Issues

  1. 1 Whether the respondents' tree caused damage to applicant's property
  2. 2 Whether applicant is entitled to rectification or compensation under Trees (Disputes Between Neighbours) Act 2006
  3. 3 Whether sufficient evidence supports nexus between alleged damage and tree roots

Ratio Decidendi

The Court dismissed the application, finding insufficient evidence of a nexus between the respondents' tree roots and the structural damage to the applicant's property. Even where causation was probable, discretionary factors (lack of notice, other contributing factors, minor nature of damage) outweighed granting any rectification or compensation orders at respondents' expense.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.