KEN GAZZARD, PETER GAZZARD and NIPLAG PTY LTD v TREVOR ROBERT HUTCHESSON and JENNIFER HUTCHESSON No. SCGRG 95/214 Judgment No. 5068 Number of Pages - 12 Trespass - Damages (1995) Aust Torts Reports 81-337

In the case of Ken Gazzard, Peter Gazzard, and Niplag Pty Ltd v Trevor Robert Hutchesson and Jennifer Hutchesson, the Supreme Court of South Australia addressed an appeal and cross-appeal concerning trespass to land and the awarding of damages. The plaintiffs, Trevor and Jennifer Hutchesson, claimed that the defendants, Ken Gazzard, Peter Gazzard, and Niplag Pty Ltd, had trespassed on their property by having branches of trees on their land lopped by a tree lopper, Mr. Porter. The defendants denied liability, arguing that there was an implied licence to enter the land for the purpose of cutting and lopping the branches. The court found that there was no evidence to support the existence of any such licence, and therefore, the defendants were liable for trespass. The court also upheld the award of exemplary damages, finding that the defendants acted with contumelious disregard for the plaintiffs' rights by carrying out the lopping while knowing the plaintiffs were absent from their property. The appeal and cross-appeal were both dismissed.