The Owners Strata Plan 37231 v Kao & anor [2012] NSWLEC 1367

The Owners Strata Plan 37231 v Kao & anor [2012] NSWLEC 1367

The roots from the respondents' oleander and fig trees caused displacement and damage to sections of the retaining wall and footpath; as s 10(2) is satisfied, orders for rectification and cost apportionment are justified.

Parties
Applicant: The Owners Strata Plan 37231; Respondents: W.B. and H.T Kao
Jurisdiction
Australia
Judgment Date
04 December 2012
Procedural Posture
Class 2 / Principal Judgment
Outcome
Application upheld in part
Legal Topics
Damage to Property by Trees, Compensation, Rectification Orders
Property Law Environmental Law Damage to Property by Trees Compensation Rectification Orders

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Parties

The Owners Strata Plan 37231

Applicant

W.B. and H.T Kao

Respondents

Procedural Posture

Class 2 / Principal Judgment

Legal Issues

  1. 1 Whether the roots from respondents' trees caused damage to applicant's retaining wall and footpath
  2. 2 Whether the respondents should be liable for costs of repair after tree removal
  3. 3 Extent of damage requiring repair and cost apportionment

Ratio Decidendi

The roots from the respondents' oleander and fig trees caused displacement and damage to sections of the retaining wall and footpath; as s 10(2) is satisfied, orders for rectification and cost apportionment are justified.

Court Disposition

Application upheld in part

Orders

  • Within 30 days, applicant and respondents to obtain and exchange quotes for repairs described; agree on cheapest quote; applicant to engage and pay contractor.
  • Work to be completed within 60 days of orders.