Thornton v Richardson [2012] NSWLEC 1004

Thornton v Richardson [2012] NSWLEC 1004

The application was dismissed because the evidence did not satisfy the Court that the respondent's Jacarandas caused the uplifted pavers, and in any event the discretionary matters under s 12 did not support compensation where other factors had contributed to displacement of the driveway and the applicant delayed at least three years before notifying the respondent, denying him an opportunity to take earlier action.

Jurisdiction
Australia
Judgment Date
12 January 2012
Procedural Posture
Class 2 Application Under S7 Part 2 of the Trees (disputes Between Neighbours) Act 2006 / Principal Judgment After on Site Hearing
Outcome
Application dismissed
Legal Topics
['damage to Property' 'compensation' 'notice to Respondent' 'causal Nexus' 'contributory Factors']
['trees Disputes Between Neighbours' 'land and Environment Court Proceedings'] ['damage to Property' 'compensation' 'notice to Respondent' 'causal Nexus' 'contributory Factors']

Case Brief

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Procedural Posture

Class 2 Application Under S7 Part 2 of the Trees (disputes Between Neighbours) Act 2006 / Principal Judgment After on Site Hearing

Legal Issues

  1. 1 ["Whether one or more of the respondent's Jacarandas caused damage to the applicant's driveway or garage floor." 'Whether compensation should be ordered for relaying paved driveway allegedly damaged by tree roots.' "Whether the applicant's delay in notifying the respondent and other contributory factors affected the exercise of discretion under s 12 of the Trees (Disputes Between Neighbours) Act 2006."]

Ratio Decidendi

The application was dismissed because the evidence did not satisfy the Court that the respondent's Jacarandas caused the uplifted pavers, and in any event the discretionary matters under s 12 did not support compensation where other factors had contributed to displacement of the driveway and the applicant delayed at least three years before notifying the respondent, denying him an opportunity to take earlier action.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']