Polycarpou v Mao [2021] NSWLEC 1187

Polycarpou v Mao [2021] NSWLEC 1187

The Court found on the balance of probabilities that the respondents' tree caused damage to the applicant's property and that, despite the tree's removal, it was appropriate to order rectification of the damaged sections of wall and path. The respondents are ordered to pay for rectifying the wall and half the cost of rectifying the path, considering both parties' actions and insurance coverage.

Parties
Applicant: Nonie Polycarpou; First Respondent: Liying Mao; Second Respondent: Nan Shao
Jurisdiction
Australia
Judgment Date
16 April 2021
Procedural Posture
Application (class 2) / Final Orders
Outcome
Application granted
Legal Topics
Damage to Property by Trees, Rectification of Property Damage, Neighbour Disputes
Trees (disputes Between Neighbours) Damage to Property by Trees Rectification of Property Damage Neighbour Disputes

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Parties

Nonie Polycarpou

Applicant

Liying Mao

First Respondent

Nan Shao

Second Respondent

Procedural Posture

Application (class 2) / Final Orders

Legal Issues

  1. 1 Whether the respondents' tree caused damage to the applicant's property
  2. 2 Whether rectification orders should be made after the removal of the tree
  3. 3 Whether and to what extent the respondents should pay rectification costs

Ratio Decidendi

The Court found on the balance of probabilities that the respondents' tree caused damage to the applicant's property and that, despite the tree's removal, it was appropriate to order rectification of the damaged sections of wall and path. The respondents are ordered to pay for rectifying the wall and half the cost of rectifying the path, considering both parties' actions and insurance coverage.

Court Disposition

Application granted

Orders

  • The applicant is to engage a suitably experienced contractor to replace the approximately 3-metre front section of her original concrete path within 6 months.
  • The applicant is to provide respondents with a receipted paid invoice within 14 days of works' completion.