Difford v Davidson [2018] NSWLEC 1612

Difford v Davidson [2018] NSWLEC 1612

Mrs Difford failed to make reasonable effort to reach agreement with Mr Davidson as required by s 10(1)(a) of the Trees Act, and it could not be established with certainty that roots of any particular tree caused the initial damage to the sewer pipe; consequently, no orders can be made for removal, root barriers, or compensation.

Parties
Applicant: Thelma Difford; Respondent: Jason Davidson
Jurisdiction
Australia
Judgment Date
20 November 2018
Procedural Posture
Class 2 Application Under Trees (disputes Between Neighbours) Act 2006 (nsw) / Final Judgment
Outcome
Application dismissed
Legal Topics
Tree Disputes Between Neighbours, Nuisance, Abatement Rights, Compensation, Root Damage to Sewer Pipes
Property Law Tree Disputes Between Neighbours Nuisance Abatement Rights Compensation Root Damage to Sewer Pipes

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Thelma Difford

Applicant

Jason Davidson

Respondent

Procedural Posture

Class 2 Application Under Trees (disputes Between Neighbours) Act 2006 (nsw) / Final Judgment

Legal Issues

  1. 1 Whether roots from Mr Davidson's trees caused damage to Mrs Difford's sewer pipe
  2. 2 Whether orders for removal or root barrier installation should be made
  3. 3 Whether Mrs Difford made reasonable effort to reach agreement with Mr Davidson as required by s 10(1)(a) of the Trees Act

Ratio Decidendi

Mrs Difford failed to make reasonable effort to reach agreement with Mr Davidson as required by s 10(1)(a) of the Trees Act, and it could not be established with certainty that roots of any particular tree caused the initial damage to the sewer pipe; consequently, no orders can be made for removal, root barriers, or compensation.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.