Strata Plan 37107 v Symonds [2011] NSWLEC 1331

Strata Plan 37107 v Symonds [2011] NSWLEC 1331

The evidence did not establish a sufficient causal nexus between the respondents' trees and alleged damage to the applicant's property or sewer, except possibly minimal contribution by the Camphor Laurel to an already deteriorated wall. Removal or intervention orders were found disproportionate and unreasonable; thus, the application was dismissed.

Parties
Applicant: Strata Plan 37107; Respondents: S & R Symonds
Jurisdiction
Australia
Judgment Date
21 November 2011
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Judgment
Outcome
Application dismissed
Legal Topics
Damage to Property by Trees, Tree Removal, Neighbour Disputes
Property Law Environmental Law Damage to Property by Trees Tree Removal Neighbour Disputes

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Parties

Strata Plan 37107

Applicant

S & R Symonds

Respondents

Procedural Posture

Application Under Trees (disputes Between Neighbours) Act 2006 / Judgment

Legal Issues

  1. 1 Whether the trees on the respondents' property have caused, are causing, or are likely in the near future to cause, damage to the applicant's property or sewer pipes
  2. 2 Whether removal of trees or repair contributions are warranted under the Act

Ratio Decidendi

The evidence did not establish a sufficient causal nexus between the respondents' trees and alleged damage to the applicant's property or sewer, except possibly minimal contribution by the Camphor Laurel to an already deteriorated wall. Removal or intervention orders were found disproportionate and unreasonable; thus, the application was dismissed.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.