Tran v Wu [2011] NSWLEC 1355

Tran v Wu [2011] NSWLEC 1355

The roots of the respondent's tree have caused damage to the applicant's pavers. Due to the tree's proximity to the fence and potential instability from root cutting, removal is appropriate. The applicant did not notify the respondent promptly, so compensation is limited to 50% of repaving costs.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
12 December 2011
Procedural Posture
Tree Dispute (class 2) / Judgment
Outcome
Application upheld in part
Legal Topics
['damage to Property by Trees' 'responsibility for Tree Roots' 'neighbour Disputes']
['environmental Law' 'property Law'] ['damage to Property by Trees' 'responsibility for Tree Roots' 'neighbour Disputes']

Source-derived case record

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Procedural Posture

Tree Dispute (class 2) / Judgment

Legal Issues

  1. 1 ["Whether the roots of the respondent's tree caused damage to the applicant's property" 'Whether the tree should be removed' 'Extent of compensation for relaying pavers']

Ratio Decidendi

The roots of the respondent's tree have caused damage to the applicant's pavers. Due to the tree's proximity to the fence and potential instability from root cutting, removal is appropriate. The applicant did not notify the respondent promptly, so compensation is limited to 50% of repaving costs.

Court Disposition

Application upheld in part

Orders

  • ['Tree removal ordered within 2 months to minimum 1m above ground.' 'Both parties to obtain at least two quotes for relaying pavers within 3 months.' 'Applicant to allow access for quoting; respondent to provide notice.' 'Parties to agree on cheapest quote; applicant to engage/pay contractor; work to be completed...