Cavallaro v Gallen & anor [2014] NSWLEC 1026

Cavallaro v Gallen & anor [2014] NSWLEC 1026

The evidence did not establish to the required level of satisfaction that the respondents' Jacaranda caused the sewer damage or blockage: there was no photographic evidence or recovered roots, the plumber's invoice was limited, and other possible causes of the crack or blockage existed. Accordingly, s 10(2) was not satisfied and the Court's jurisdiction to make orders was not engaged.

Jurisdiction
Australia
Judgment Date
20 February 2014
Procedural Posture
Class 2 Application Under S 7 Part 2 of the Trees (disputes Between Neighbours) Act 2006 Seeking Removal of a Jacaranda / Principal Judgment After on Site Hearing
Outcome
Application dismissed
Legal Topics
['damage to Property' 'tree Roots' 'blocked Sewer' 'jurisdictional Threshold' 'inconclusive Evidence']
['land and Environment' 'trees Disputes Between Neighbours'] ['damage to Property' 'tree Roots' 'blocked Sewer' 'jurisdictional Threshold' 'inconclusive Evidence']

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Procedural Posture

Class 2 Application Under S 7 Part 2 of the Trees (disputes Between Neighbours) Act 2006 Seeking Removal of a Jacaranda / Principal Judgment After on Site Hearing

Legal Issues

  1. 1 ["Whether the respondents' Jacaranda has caused, is causing, or is likely in the near future to cause damage to the applicant's property within s 10(2) of the Trees (Disputes Between Neighbours) Act 2006." 'Whether removal of the Jacaranda should be ordered.']

Ratio Decidendi

The evidence did not establish to the required level of satisfaction that the respondents' Jacaranda caused the sewer damage or blockage: there was no photographic evidence or recovered roots, the plumber's invoice was limited, and other possible causes of the crack or blockage existed. Accordingly, s 10(2) was not satisfied and the Court's jurisdiction to make orders was not engaged.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']