Seymour v Grace [2019] NSWLEC 1276

Seymour v Grace [2019] NSWLEC 1276

The Court found that the Liquidambar's roots caused displacement of the paving and damaged the fence near the boundary, and that costs for full boundary fence replacement should be shared, while apportioning 20% responsibility for paving repairs to the respondent on limited evidence of causation. The removal of the trees obviated the need for a preventative order. Orders reflected these findings.

Jurisdiction
Australia
Judgment Date
23 May 2019
Procedural Posture
Tree Dispute / Principal Judgment
Outcome
Application granted with modified orders.
Legal Topics
['damage by Trees' 'boundary Fences' 'compensation for Damage']
['property Law' 'environmental Law'] ['damage by Trees' 'boundary Fences' 'compensation for Damage']

Case Brief

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Procedural Posture

Tree Dispute / Principal Judgment

Legal Issues

  1. 1 ["Whether the respondent's trees caused damage to the applicant's property, including paving and fence" 'Whether compensation and orders for removal/repair should be made' 'How costs of fence and paving repairs should be apportioned']

Ratio Decidendi

The Court found that the Liquidambar's roots caused displacement of the paving and damaged the fence near the boundary, and that costs for full boundary fence replacement should be shared, while apportioning 20% responsibility for paving repairs to the respondent on limited evidence of causation. The removal of the trees obviated the need for a preventative order. Orders reflected these findings.

Court Disposition

Application granted with modified orders.

Orders

  • ['Within 30 days, both parties to obtain two quotes for replacement of the common boundary fence as specified.' 'Within 90 days, applicant to engage contractor providing the lowest or otherwise agreed quote to replace the fence.' 'Within 120 days, respondent to pay applicant 50% of the quoted fencing costs upon...