Owners of Strata Plan 5082 v Yu [2015] NSWLEC 1519

Owners of Strata Plan 5082 v Yu [2015] NSWLEC 1519

On the evidence, the roots of the Eucalypt have caused damage to the applicant's sewer and are likely to continue to do so; s 10(2) of the Act is satisfied, justifying an order for removal. Insufficient evidence supports roof damage by the tree. Compensation is not ordered as agreed by the parties.

Jurisdiction
Australia
Judgment Date
14 December 2015
Procedural Posture
Tree Dispute Application / Principal Judgment
Outcome
Application granted in part
Legal Topics
['tree Disputes' 'damage to Property' 'compensation']
['property Law' 'environmental Law'] ['tree Disputes' 'damage to Property' 'compensation']

Case Brief

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Procedural Posture

Tree Dispute Application / Principal Judgment

Legal Issues

  1. 1 ["Whether the Eucalypt tree caused damage to the sewer of applicant's property" 'Whether the tree should be ordered to be removed' 'Whether compensation should be ordered for repairs and fees']

Ratio Decidendi

On the evidence, the roots of the Eucalypt have caused damage to the applicant's sewer and are likely to continue to do so; s 10(2) of the Act is satisfied, justifying an order for removal. Insufficient evidence supports roof damage by the tree. Compensation is not ordered as agreed by the parties.

Court Disposition

Application granted in part

Orders

  • ['Respondent to engage and pay for AQF level 3 arborist with insurance to remove Eucalyptus sp. from rear of property within 90 days.' 'Tree to be cut to a height between 1.5m above ground and ground level; stump to be poisoned to prevent suckering and kill roots.' 'Work to be carried out in accordance with...