The Owners – Strata Plan 3346 v The Owners – Strata Plan 10848 [2021] NSWLEC 1504

The respondent ought to have been aware of the damage from their trees from 2010 and is liable for 50% of the costs of repairs resulting from the damage.

Jurisdiction: Australia
Judgment Date: 01 September 2021
Procedural Posture: Tree Dispute Application (class 2) / Final Judgment and Orders
Outcome: Application upheld; orders made by consent with apportionment determined by the Court
Legal Topics: ['trees Causing Damage' 'apportionment of Liability' 'consent Orders' 'remedial Works']

['property Law' 'neighbourhood Disputes'] ['trees Causing Damage' 'apportionment of Liability' 'consent Orders' 'remedial Works']

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Tree Dispute Application (class 2) / Final Judgment and Orders

Legal Issues

1 ["Whether the respondent's trees caused damage to the applicant's property" 'Whether the applicant made reasonable efforts to resolve the dispute' 'How the costs of repairs should be apportioned']

Ratio Decidendi

The respondent ought to have been aware of the damage from their trees from 2010 and is liable for 50% of the costs of repairs resulting from the damage.

Court Disposition

Application upheld; orders made by consent with apportionment determined by the Court

Orders

['The tree dispute application is upheld.' 'The Respondent is to engage and pay for an AQF level 3 arborist with insurance to remove the Camphor Laurel at 74 Nobel Street, Allawah, to ground level and grind roots as specified.' 'Tree work to comply with Safe Work Australia 2016 Guide to Managing Risks of Tree...