McLevie & anor v Anderson [2010] NSWLEC 1091

McLevie & anor v Anderson [2010] NSWLEC 1091

The dominant cause of cracking in the applicant’s wall is the Kaffir Plum tree on the respondent's property. Removal of the tree is warranted, should be at respondent’s expense, and applicants should be reimbursed for cost of rectification works and replacement of television aerial as caused by the tree.

Jurisdiction
Australia
Judgment Date
12 April 2010
Procedural Posture
Tree Dispute / Final Judgment
Outcome
orders made for removal of tree and reimbursements
Legal Topics
['trees (neighbours)' 'damage Caused by Trees' 'removal of Trees' 'cost Liability for Removal' 'rectification of Damage']
['property Law' 'environmental Law'] ['trees (neighbours)' 'damage Caused by Trees' 'removal of Trees' 'cost Liability for Removal' 'rectification of Damage']

Case Brief

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Procedural Posture

Tree Dispute / Final Judgment

Legal Issues

  1. 1 ["Whether the Kaffir Plum tree on respondent's property caused damage to applicant's property" 'Whether tree removal is warranted' 'Who bears cost of removal and rectification works' 'Entitlement to reimbursement for television aerial damage']

Ratio Decidendi

The dominant cause of cracking in the applicant’s wall is the Kaffir Plum tree on the respondent's property. Removal of the tree is warranted, should be at respondent’s expense, and applicants should be reimbursed for cost of rectification works and replacement of television aerial as caused by the tree.

Court Disposition

orders made for removal of tree and reimbursements

Orders

  • ['Kaffir Plum tree at 30 Burton Street, Glebe to be removed within 90 days of orders' 'Removal to be undertaken by arborist with AQF level III qualifications and appropriate WorkCover insurances' 'Removal to be supervised by a structural engineer' "Removal to be entirely at respondent's expense" 'Applicants to be...