Riggio v The Estate of the Late Phyllis Annette Lockard

The matter of Riggio v The Estate of the Late Phyllis Annette Lockard was heard in the Supreme Court of Queensland. The dispute involved the removal of trees from the property of the respondent, which the applicant, Riggio, claimed were encroaching onto their property. The court was tasked with determining whether the trees should be removed and, if so, what compensation should be awarded to the respondent.

The primary legal issue before the court was whether the trees in question constituted an encroachment on the applicant’s property, and if so, what the appropriate remedy would be. The court had to consider the principles of property law, specifically the doctrine of lateral and subjacent support, and whether the trees constituted an unreasonable interference with the respondent's enjoyment of their property. Additionally, the court needed to assess the fairness of any compensation order, considering the respective positions of the parties.

In delivering the judgment, the court found that certain trees did indeed encroach upon the applicant’s property and constituted an unreasonable interference with their use and enjoyment of the land. The court held that these trees should be removed to prevent further encroachment. Regarding compensation, the court awarded partial compensation to the respondent for the trees that were not found to be encroaching. This was based on the principle of proportionality and the overall fairness of the outcome. The court considered both parties' positions and the necessity of the tree removal to resolve the dispute.

The court's orders were that the trees found to be encroaching must be removed, and partial compensation was awarded to the respondent for the non-encroaching trees. The application was thus upheld in part, ensuring a balanced resolution to the dispute.