Baulch v Bogatai & anor [2016] NSWLEC 1269

Baulch v Bogatai & anor [2016] NSWLEC 1269

The court was not satisfied, on the balance of probabilities, that tree roots were the cause of the crack in the applicant's wall; the preponderance of evidence indicated the primary cause was uneven settlement and inadequate footing construction, with tree roots playing at best a possible but not proved minor role.

Parties
Applicant: Ms Wendy Baulch; Respondent: Mr Sacha Bogatai; Respondent: Ms Rachael Poulden
Jurisdiction
Australia
Judgment Date
28 June 2016
Procedural Posture
Tree Dispute (class 2) / Principal Judgment
Outcome
Application dismissed
Legal Topics
Neighbourhood Tree Disputes, Damage to Property, Causation Under Trees (disputes Between Neighbours) Act
Civil Property Environment Neighbourhood Tree Disputes Damage to Property Causation Under Trees (disputes Between Neighbours) Act

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Parties

Ms Wendy Baulch

Applicant

Mr Sacha Bogatai

Respondent

Ms Rachael Poulden

Respondent

Procedural Posture

Tree Dispute (class 2) / Principal Judgment

Legal Issues

  1. 1 Whether tree roots from the respondents' property caused damage to the applicant's wall
  2. 2 Whether the respondents are liable for repair costs under the Trees (Disputes Between Neighbours) Act 2006

Ratio Decidendi

The court was not satisfied, on the balance of probabilities, that tree roots were the cause of the crack in the applicant's wall; the preponderance of evidence indicated the primary cause was uneven settlement and inadequate footing construction, with tree roots playing at best a possible but not proved minor role.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.
  • The exhibits except A are returned.