NSW Caselaw
New South Wales Supreme Court
CITATION : Owners Strata Plan No 13218 v Woollahra Municipal Council [2001] NSWSC 158 revised - 19/03/2001 CURRENT JURISDICTION: Equity Division FILE NUMBER(S) : SC 4674 of 2000 HEARING DATE(S) : 26 and 27 February 2001 JUDGMENT DATE : 15 March 2001
PARTIES : The Owners of Strata Plan No. 13218 (Plaintiffs) Woollahra Municipal Council (Defendant) JUDGMENT OF : Windeyer J at 1
COUNSEL : Mr P White (Plaintiffs) Mr M K Meek (Defendant) SOLICITORS : Mr P White (Plaintiffs) Phillips Fox (Defendant) CATCHWORDS : TORTS - Nuisance - tree on road owned and under care and control of Council as highway authority - damage to adjoining property caused by roots of tree - tree no planted by council - non-feasance rule - HIGHWAYS - negligence and nuisance - damage caused to property adjoining highway from roots of tree growing on verge - non-feasance rule LEGISLATION CITED : Roads Act 1993 s145, s146(1)(a)(d) Strata Titles (Freehold Development) Act 1973 Bretheron v Council of the Shire of Hornsby [1963] SR NSW 334 Brodie v Singleton Shire Council [1999] NSW CA 51 CASES CITED : Buckle v Bayswater Road Board (1936) 57 CLR 259 Donaldson v Municipal Council of Sydney (1924) 24 SR NSW 408 Ghantous v Hawkesbury City Council [1999] NSW CA 37 Hughes v Hunters Hill Municipal Council (1992) 29 NSWLR 232 DECISION : See paragraph 15
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
WINDEYER J
THURSDAY 15 MARCH 2001
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