Valherie v Strata Corporation No 1841

The appeal in Valherie v Strata Corporation No 1841 involved Ms Valherie, the appellant, and Strata Corporation No 1841, the respondent. Ms Valherie had purchased property in Windsor Gardens, which included a lemon scented gum tree. This tree's roots caused structural damage to neighbouring units owned by Strata Corporation No 1841. The primary issue was whether Ms Valherie was liable for the damage to the units after she became aware of the problem. The court also had to determine if the damage could be attributed to Ms Valherie and whether she continued the nuisance by failing to take appropriate action. Additionally, the court considered the burden of proof regarding the extent of the damage and the appropriate assessment of damages.

The court delved into the principles of nuisance, particularly focusing on the distinction between public and private nuisance. It noted that private nuisance involves the unreasonable interference with the use and enjoyment of property or material damage to land. The court examined whether Ms Valherie adopted or continued the nuisance by failing to remove the tree or take remedial action after becoming aware of the damage. The court also scrutinized the conduct of Strata Corporation No 1841, which had not disclosed critical information about the damage and had misled the court, thereby complicating the assessment of damages.

The court held that Ms Valherie was not liable for the damage that occurred before she became aware of the nuisance, which was the end of 2000. It concluded that her liability for damages began in 2001 when she continued the nuisance by not taking appropriate action. The court also highlighted the failure of Strata Corporation No 1841 to provide adequate evidence regarding the extent of the damage, which hindered the assessment of the compensable loss. Consequently, the appeal was allowed to reduce the award of damages to $21,875.00, while the appeal was dismissed in all other respects. The court's decision underscored the importance of timely and adequate action in addressing nuisances and the necessity for both parties to provide relevant information to facilitate a fair assessment of damages.