Zhang & anor v Long & anor [2007] NSWLEC 632

Zhang & anor v Long & anor [2007] NSWLEC 632

The respondents' tree contributed to damage in the north-western corner of the applicants' dwelling, but other causes including inadequate maintenance and inaction also contributed; liability is apportioned such that respondents are to pay $13,350 conditional on rectification or sale, and reimbursement of $1,185 for reports.

Jurisdiction
Australia
Judgment Date
28 September 2007
Procedural Posture
Neighbour Application / Judgment
Outcome
Application granted in part
Legal Topics
['trees (neighbours)' 'compensation V Rectification' 'apportionment of Liability' "contribution Due to Applicants' Inaction"]
['property Law'] ['trees (neighbours)' 'compensation V Rectification' 'apportionment of Liability' "contribution Due to Applicants' Inaction"]

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Procedural Posture

Neighbour Application / Judgment

Legal Issues

  1. 1 ["Liability for damage caused by roots of adjoining neighbour's tree" 'Extent of compensation for property damage by such tree' 'Apportionment where multiple causes of damage' "Contribution due to applicants' inadequate maintenance and inaction"]

Ratio Decidendi

The respondents' tree contributed to damage in the north-western corner of the applicants' dwelling, but other causes including inadequate maintenance and inaction also contributed; liability is apportioned such that respondents are to pay $13,350 conditional on rectification or sale, and reimbursement of $1,185 for reports.

Court Disposition

Application granted in part

Orders

  • ['Respondents to remove Camphor Laurel tree as specified within 28 days' 'Specified arborist requirements for removal and treatment of stumps' 'Respondents to pay applicants $1,185 within 28 days for reports' 'Respondents to pay applicants $13,350 conditional on rectification works or sale, within specified...