| CITATION: | Cacopardo & Anor v Woolcock & Anor [2017] QCAT 214 |
| PARTIES: | Michael Cacopardo and Roseanna Cacopardo (Applicants) |
| v | |
| Richard Woolcock and Margaret Woolcock (Respondents) |
| APPLICATION NUMBER: | NDR126-16 | |
| MATTER TYPE: | Other civil dispute matters | |
| HEARING DATE: | 7 March 2017 |
| HEARD AT: | Brisbane |
| DECISION OF: | Member McLean Williams |
| DELIVERED ON: | 12 June 2017 |
| DELIVERED AT: | Brisbane |
ORDERS MADE: | Application dismissed | |
| CATCHWORDS: | ENVIRONMENT AND PLANNING – TREES, VEGETATION AND HABITAT PROTECTION – DISPUTES BETWEEN NEIGHBOURS –where tree roots entering already broken subterranean pipes – whether trees causing ‘serious damage’ to adjoining land Neighbourhood Disputes Resolution Act 2011 (Qld), s 46, s 62 | |
APPEARANCES:
Applicant:Mr Raymond Cacopardo, on behalf of Michael and Roseanna Cacopardo
Respondents: Mr and Mrs Woolcock, in person
| REASONS FOR DECISION |
This is an application pursuant to s 62 of the Neighbourhood Disputes (Trees and Dividing Fences) Act 2011 (Qld). It involves drains blocked by tree roots and has managed to generate a considerable volume of paper before the Tribunal.
The Applicants and the Respondents are long-term neighbours residing in Trinity Place, Robina. At one point they were on amicable terms however a heated dispute has arisen in consequence of broken and blocked sewer pipes at Mr and Mrs Cacopardo’s home, at 28 Trinity Place. The Applicants claim that the damage was caused by the invasive roots of a Fig tree (Ficus virens), growing in the Respondent’s backyard, at 30 Trinity Place.
The Cacopardos realised there were drainage problems in the main bathroom of their home on 19 May 2016. Mr Bradley Watts, a plumber employed by Complete Plumbing Pty Ltd attempted to unblock the drain by means of an electric eel, to no avail. A telescopic CCTV camera was then inserted into the pipe by Mr Watts, revealing it to be broken in a number of places, as well as to be blocked, by tree roots.
Although Mr Watts submitted a quote to repair the problem, Mr Cacopardo was concerned that Mr Watts might be in contact with the Respondents, so he did not proceed with the quote from Complete Plumbing Pty Ltd. Mr Cacopardo had another plumber, ‘Why Wait’ Plumbing Services, rectify the blockage.[1]
[1] Affidavit of Michael Cacopardo, sworn 6 February 2017, paragraphs 4 - 5.
On 23 May 2016 Why Wait Plumbing cut the concrete path outside the main bathroom, so as to gain access to and then rectify the drain. Mr and Mrs Cacopardo were charged $854.36 for this work.
On 6 June 2016 Mr and Mrs Cacopardo experienced a similar blockage, this time in their ensuite bathroom. Why Wait Plumbing returned, and cut another section of the concrete path to repair the drain, this time charging $1,064.10. On 29 May 2016 Mr Cacopardo had a concreter come and repair the concrete footpath. He charged another $200. On 17 June 2016 Why Wait Plumbing returned and proceeded to dig up the floor in the ensuite bathroom to do more repairs. These works cost Mr and Mrs Cacopardo a further $2,977.90. In the…
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- Cacopardo & Anor v Woolcock [2017] QCAT 214
- Case
- [2017] QCAT 214
- Decision Date
CaseChat Overview and Summary
The court examined the evidence presented by both parties and considered the relevant statutory provisions and case law. The plaintiffs argued that the damage to their pipes was a direct result of the tree roots from the defendants' trees. However, the court found that the evidence did not support the plaintiffs' claims. The court held that the damage to the pipes was not caused by the tree roots, as the pipes were already broken before the trees were planted. Additionally, the court found that even if the tree roots had caused damage, it did not amount to 'serious damage' as defined by the Act. Consequently, the court dismissed the application.
The Supreme Court of New South Wales dismissed the application brought by the plaintiffs. The court held that the evidence did not support the claim that the tree roots from the defendants' trees were causing serious damage to the plaintiffs' property. The court also found that the damage to the plaintiffs' pipes was not caused by the tree roots, as the pipes were already broken before the trees were planted. As a result, the application was dismissed, and no orders were made in favour of the plaintiffs.
Orders
Orders of the court
Application dismissed
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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