Jones & anor v Stephenson [2017] NSWLEC 1028

Jones & anor v Stephenson [2017] NSWLEC 1028

The Court found that while there was insufficient probative evidence that roots solely caused damage to the applicants' water feature, there was a reasonable chance of future damage to the wall by roots of the respondent's conifers. For the hedge issue, the Court found that Leyland Cypress trees formed a hedge severely obstructing sunlight to a window, justifying an order for remedial pruning. Orders included installation of a root barrier at the respondent's expense and annual pruning of certain trees.

Parties
Applicants: Michael & Michele Jones; Respondent: Ross Stephenson
Jurisdiction
Australia
Judgment Date
30 January 2017
Procedural Posture
Class 2 Application (trees Dispute) / Final Hearing and Decision
Outcome
Orders made for root barrier and pruning; application for investigation/reimbursement dismissed.
Legal Topics
Trees and Neighbours, Damage to Property, Compensation, Hedge Obstruction of Sunlight
Property Law Environmental Law Trees and Neighbours Damage to Property Compensation Hedge Obstruction of Sunlight

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Parties

Michael & Michele Jones

Applicants

Ross Stephenson

Respondent

Procedural Posture

Class 2 Application (trees Dispute) / Final Hearing and Decision

Legal Issues

  1. 1 Whether the roots of trees on the respondent's property have caused or are likely to cause damage to the applicants' property under s 10(2)(a) of the Trees (Disputes Between Neighbours) Act 2006
  2. 2 Whether trees, forming a hedge, severely obstruct sunlight to the applicants' window under s 14E(2)(a)(i) of the Act

Ratio Decidendi

The Court found that while there was insufficient probative evidence that roots solely caused damage to the applicants' water feature, there was a reasonable chance of future damage to the wall by roots of the respondent's conifers. For the hedge issue, the Court found that Leyland Cypress trees formed a hedge severely obstructing sunlight to a window, justifying an order for remedial pruning. Orders included installation of a root barrier at the respondent's expense and annual pruning of certain trees.

Court Disposition

Orders made for root barrier and pruning; application for investigation/reimbursement dismissed.

Orders

  • Within 12 months, the respondent is to install a root barrier of impervious material on his property, to specified dimensions and locations relative to trees 2 and 8.
  • Application for investigation of the wall and reimbursement of repair costs to water feature is dismissed.