Peck v Matar [2012] NSWLEC 1037

Peck v Matar [2012] NSWLEC 1037

Roots from the respondent's fig trees have contributed to damage to the applicant's property. Orders are appropriate for removal of roots and repair of damage to the WC wall, but not for replacement or repair of other aging property elements; both parties share costs relative to repair of WC wall.

Jurisdiction
Australia
Judgment Date
09 February 2012
Procedural Posture
Class 2 / Principal Judgment
Outcome
Orders for root removal and repairs made. Compensation awarded for WC wall repair; claims about garden steps, concrete slabs, pathways, and pipes dismissed.
Legal Topics
['trees (disputes Between Neighbours)' 'damage to Property' 'compensation for Repair Works']
['property' 'environmental'] ['trees (disputes Between Neighbours)' 'damage to Property' 'compensation for Repair Works']

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Procedural Posture

Class 2 / Principal Judgment

Legal Issues

  1. 1 ["Whether roots from the respondent's trees caused damage to the applicant's property" 'Appropriate orders regarding compensation and removal of roots']

Ratio Decidendi

Roots from the respondent's fig trees have contributed to damage to the applicant's property. Orders are appropriate for removal of roots and repair of damage to the WC wall, but not for replacement or repair of other aging property elements; both parties share costs relative to repair of WC wall.

Court Disposition

Orders for root removal and repairs made. Compensation awarded for WC wall repair; claims about garden steps, concrete slabs, pathways, and pipes dismissed.

Orders

  • ['Applicant to engage and pay for a qualified horticulturist or arborist to cut boundary roots within 30 days; roots not to be poisoned.' 'Applicant and respondent to provide two quotes each within 30 days to make good or repair the WC wall.' 'Applicant to provide access for tradespeople chosen by the respondent.'...