Sinclair v Rowney [2013] NSWLEC 1044

Sinclair v Rowney [2013] NSWLEC 1044

Sufficient evidence established that roots from respondent's Leyland Cypress trees have blocked applicant's sewer, fulfilling s 10(2) and engaging Court's jurisdiction; only one tree demonstrated risk of falling and causing damage or injury, warranting its removal.

Parties
Applicant: Mrs P Sinclair; Respondent: Mr T Rowney; Respondent: BCP Lawyers and Consultants
Jurisdiction
Australia
Judgment Date
08 March 2013
Procedural Posture
Class 2 / Principal Judgment
Outcome
Application upheld in part
Legal Topics
Trees (disputes Between Neighbours) Act 2006, Damage to Property, Blocking of Sewer, Potential Injury, Unstable Tree
Property Law Environmental Law Trees (disputes Between Neighbours) Act 2006 Damage to Property Blocking of Sewer Potential Injury Unstable Tree

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 3 Authorities cited 3 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Mrs P Sinclair

Applicant

Mr T Rowney

Respondent

BCP Lawyers and Consultants

Respondent

Procedural Posture

Class 2 / Principal Judgment

Legal Issues

  1. 1 Whether Leyland Cypress tree roots are causing or likely to cause damage to applicant's property by blocking sewer pipes.
  2. 2 Whether any trees are likely to cause injury or damage by falling.
  3. 3 Whether pruning or removal of trees is warranted under the Trees (Disputes Between Neighbours) Act 2006.

Ratio Decidendi

Sufficient evidence established that roots from respondent's Leyland Cypress trees have blocked applicant's sewer, fulfilling s 10(2) and engaging Court's jurisdiction; only one tree demonstrated risk of falling and causing damage or injury, warranting its removal.

Court Disposition

Application upheld in part

Orders

  • Respondent to remove the identified unstable tree (easternmost tree of northern row) by 30 April 2013.
  • Respondent to straighten two fence panels adjacent to the removed tree.