Blackshaw & Evans v Campbell (No.2)

The case of Blackshaw & Evans v Campbell (No.2) involved a dispute between neighbours over the impact of trees on the respondent's property on the applicants' property. The applicants, Blackshaw and Evans, claimed that the trees were causing a nuisance by overhanging their property and their roots were invading their property, including affecting pipes, and causing a loss of amenity and sunlight. The matter was brought before the Civil Dispute Tribunal of Queensland, which was tasked with determining the appropriate remedy for the situation.

The central legal issue before the Tribunal was whether the trees on the respondent's property constituted a nuisance to the applicants' property and, if so, what the appropriate remedy would be. The Tribunal had to consider whether the trees were causing significant interference with the applicants' use and enjoyment of their property, and if so, whether the remedy of removing the trees was appropriate and proportionate to the nuisance caused.

The Tribunal found that the trees on the respondent's property did indeed constitute a nuisance to the applicants' property, as they were overhanging and their roots were invading the applicants' property, including affecting pipes, and causing a loss of amenity and sunlight. The Tribunal concluded that the appropriate remedy was the removal of the trees, as it was the most effective way to eliminate the nuisance. The Tribunal ordered the respondent to remove the trees within 28 days, and set out specific requirements for the removal process, including the provision of notice to the applicants and ensuring access to the properties for contractors. The Tribunal also set out provisions for the payment of the costs of removal and the consequences if the respondent failed to remove the trees within the specified timeframe.

In summary, the Tribunal ordered the respondent to remove the trees within 28 days, with specific requirements for the removal process and the payment of costs. If the respondent failed to remove the trees within the specified timeframe, the applicants were entitled to engage contractors to remove the trees at a cost not exceeding $10,000, with the respondent required to pay the applicants for the cost of removal.