Walker v Algie & anor [2012] NSWLEC 1185

Walker v Algie & anor [2012] NSWLEC 1185

The tree roots caused damage to the applicant's property. The reasonable repair cost should be divided equally since damage occurred mostly during respondents' ownership, but with consideration of pre-existing deterioration. Tree removal is necessary to prevent further damage, and is at respondents' expense.

Jurisdiction
Australia
Judgment Date
10 July 2012
Procedural Posture
Tree Dispute (class 2) / Final Judgment
Outcome
Application upheld in part.
Legal Topics
['trees Disputes Between Neighbours' 'damage to Property' 'compensation' 'tree Removal']
['property Law' 'environmental Law'] ['trees Disputes Between Neighbours' 'damage to Property' 'compensation' 'tree Removal']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Tree Dispute (class 2) / Final Judgment

Legal Issues

  1. 1 ["Has the tree caused damage to the applicant's property?" 'What is the cost of repairing the damage?' 'How should the cost be apportioned?' 'What is required to prevent further damage?']

Ratio Decidendi

The tree roots caused damage to the applicant's property. The reasonable repair cost should be divided equally since damage occurred mostly during respondents' ownership, but with consideration of pre-existing deterioration. Tree removal is necessary to prevent further damage, and is at respondents' expense.

Court Disposition

Application upheld in part.

Orders

  • ['Respondents to engage and pay a suitably qualified arborist to remove the fig tree and grind stump, with poison applied to remaining roots/stump.' 'Fence panels to be removed/replaced as necessary and reinstated. Respondents responsible for reinstatement if arborist cannot do so.' 'Works to be completed within 30...