Horwood v Pearson & anor [2015] NSWLEC 1010

Horwood v Pearson & anor [2015] NSWLEC 1010

The respondents' tree was a cause of damage to the applicant's sewer pipe but was not the sole cause; the age and condition of the terracotta pipes were significant factors. Reasonable compensation is 40% of the benchmarked repair cost, given lack of notice, non-urgent circumstances, and betterment received by the applicant.

Parties
Applicant: Thelma Horwood; First Respondent: Tony Pearson; Second Respondent: Kelly Pearson
Jurisdiction
Australia
Judgment Date
29 January 2015
Procedural Posture
Class 2 / Extemporaneous Decision in Principal Judgment
Outcome
Application upheld in part
Legal Topics
Trees (disputes Between Neighbours), Damage to Sewer Pipe, Compensation, Apportionment
Property Law Environmental Law Trees (disputes Between Neighbours) Damage to Sewer Pipe Compensation Apportionment

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Parties

Thelma Horwood

Applicant

Tony Pearson

First Respondent

Kelly Pearson

Second Respondent

Procedural Posture

Class 2 / Extemporaneous Decision in Principal Judgment

Legal Issues

  1. 1 Did the Pearsons' tree cause damage to Mrs Horwood's sewer pipe?
  2. 2 What actions did the parties take, or not take, to address the problem?
  3. 3 What amount of compensation, if any, should the respondents pay to the applicant?

Ratio Decidendi

The respondents' tree was a cause of damage to the applicant's sewer pipe but was not the sole cause; the age and condition of the terracotta pipes were significant factors. Reasonable compensation is 40% of the benchmarked repair cost, given lack of notice, non-urgent circumstances, and betterment received by the applicant.

Court Disposition

Application upheld in part

Orders

  • The respondents are to pay the applicant the sum of $880 by cheque sent by registered post within 14 days.