Kristeller v Matis [2012] NSWLEC 1027

Kristeller v Matis [2012] NSWLEC 1027

The Court was satisfied, on the bare preponderance of probability, that the tree caused damage to the low brick boundary wall and slight sideways displacement of one section of the concrete path. However, liability for compensation was limited to 10% of the cost of rectification of the wall, corresponding to the period the respondent owned the property. No compensation was awarded for other elements of alleged damage for lack of sufficient causal nexus.

Jurisdiction
Australia
Judgment Date
15 February 2012
Procedural Posture
Class 2 Application Trees (disputes Between Neighbours) Act 2006 / Final Decision
Outcome
Application upheld in part; limited compensation payable
Legal Topics
['trees (disputes Between Neighbours) Act 2006' 'damage to Property' 'compensation' 'apportionment' 'removal of Trees']
['environmental Law' 'property Law'] ['trees (disputes Between Neighbours) Act 2006' 'damage to Property' 'compensation' 'apportionment' 'removal of Trees']

Case Brief

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Procedural Posture

Class 2 Application Trees (disputes Between Neighbours) Act 2006 / Final Decision

Legal Issues

  1. 1 ["Whether the respondent is liable for damage caused by trees formerly on her property to the applicant's property" 'Extent of compensation payable for proven damage' 'Causal nexus between trees and alleged damage']

Ratio Decidendi

The Court was satisfied, on the bare preponderance of probability, that the tree caused damage to the low brick boundary wall and slight sideways displacement of one section of the concrete path. However, liability for compensation was limited to 10% of the cost of rectification of the wall, corresponding to the period the respondent owned the property. No compensation was awarded for other elements of alleged damage for lack of sufficient causal nexus.

Court Disposition

Application upheld in part; limited compensation payable

Orders

  • ['Applicant to obtain two quotes for removal and replacement of the displaced section of low brick dividing wall; respondent may obtain one quote.' 'Parties to agree on contractor; if no agreement, cheapest quote to be used.' 'Applicant to engage and pay nominated contractor.' "Respondent to allow access for quoting...