Dawes v Scarf [2011] NSWLEC 1084

Dawes v Scarf [2011] NSWLEC 1084

The Court was satisfied that the properties were adjoining for the purposes of the Trees (Disputes Between Neighbours) Act 2006 and that the Paperbark tree roots had caused damage affecting the applicant's property, satisfying s 10(2)(a). Given the parties' agreement and the impracticality of easy sewer replacement, removal of the tree and payment of $1533 by the respondent were appropriate consent orders.

Jurisdiction
Australia
Judgment Date
18 April 2011
Procedural Posture
Class 2 Trees (neighbours) Proceedings / Principal Judgment; Consent Orders
Outcome
Consent orders made requiring payment of $1533 to the applicant and removal of the tree at the respondent's cost.
Legal Topics
['tree Roots Causing Damage' 'shared Sewer Line' 'removal of Tree' 'compensation' 'jurisdiction Under Trees (disputes Between Neighbours) Act 2006']
['land and Environment' 'trees Disputes Between Neighbours'] ['tree Roots Causing Damage' 'shared Sewer Line' 'removal of Tree' 'compensation' 'jurisdiction Under Trees (disputes Between Neighbours) Act 2006']

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Procedural Posture

Class 2 Trees (neighbours) Proceedings / Principal Judgment; Consent Orders

Legal Issues

  1. 1 ["Whether the properties were adjoining so as to enliven the Court's jurisdiction under the Trees (Disputes Between Neighbours) Act 2006." 'Whether damage caused by roots of the Paperbark tree satisfied s 10(2)(a) of the Trees (Disputes Between Neighbours) Act 2006.' 'Whether the appropriate orders were removal of the tree and payment of $1533 to the applicant.']

Ratio Decidendi

The Court was satisfied that the properties were adjoining for the purposes of the Trees (Disputes Between Neighbours) Act 2006 and that the Paperbark tree roots had caused damage affecting the applicant's property, satisfying s 10(2)(a). Given the parties' agreement and the impracticality of easy sewer replacement, removal of the tree and payment of $1533 by the respondent were appropriate consent orders.

Court Disposition

Consent orders made requiring payment of $1533 to the applicant and removal of the tree at the respondent's cost.

Orders

  • ['The respondent is to pay the applicant of the sum of $1533 in final in full settlement of all claims within 60 days of the date of these orders;' 'The tree is to be removed within 60 days of the date of these orders;' 'The tree removal is to be undertaken by an AQF level III arborist with appropriate WorkCover...