$25K Cyclone Marcia claim as neighbour's trees damage home

A YEPPOON man's compensation claim for $25,000 damage caused by a neighbour's falling trees has been dismissed at a civil hearing.

Alwyn Inslay and Luke Wilson's land was separated by an easement where three mature tress fell "roots and all” during Cyclone Marcia in 2015.

The falling trees, situated on Mr Wilson's land, damaged Mr Inslay's house and vehicle.

A decision handed down by the Queensland Civil and Administrative Tribunal on December 1 dismissed the compensation claim on the basis not all prerequisites for the making of an order under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 had been met by the parties.

However, the decision goes on to state Mr Inslay would not have been entitled to compensation in any case and explains the reasoning for this conclusion.

The tribunal concluded Mr Wilson was responsible for the trees, but there was a "lack of precision” by Mr Inslay in setting out which trees were responsible.

Additionally, there was little evidence about whether it was the cyclone or rainfall which cause the trees to fall and the state of the house and vehicle prior to damage.

DESTRUCTION: Just some of the devestation left by Tropical Cyclone Marcia in Yeppoon and Rockhampton captured by Gympie rural fire fighter Ted Uebergang this week.

Photo Contributed — DESTRUCTION: Just some of the devestation left by Tropical Cyclone Marcia in Yeppoon and Rockhampton captured by Gympie rural fire fighter Ted Uebergang. Note: This is a file image, not the trees subject to this ruling. Photo Contributed Contributed

Quotes were provided to the tribunal for work totalling $28,595.39.

These included quotes for the removal and disposal of water damaged plasterboard and re-sheeting, disposal of ruined carpets and installation of new flooring, interior and exterior painting, repair to the dwelling and repairs to a Toyota LandCruiser.

The tribunal heard evidence from a tree lopper who inspected the gum trees for Mr Inslay in late 2014 and found them to be a hazard given the proximity to the house.

CYCLONE MARCIA: An uprooted tree in Lions Park next to the Burnett River in North Bundaberg.
Photo: Mike Knott / NewsMail — CYCLONE MARCIA: An uprooted tree in Lions Park next to the Burnett River in North Bundaberg. Note: This is a file image, not the trees subject to this ruling. Photo: Mike Knott / NewsMail Mike Knott BUN210215UPROOTED1

There was some evidence the neighbours had discussed the removal of the trees before Cyclone Marcia, but Mr Inslay acknowledged he had never told Mr Wilson about the tree lopper's advice.

The tribunal concluded this hazard and the tree lopper's risk assessment were not clearly and specifically communicated to Mr Wilson.

Mr Wilson's evidence to the tribunal was if specific concerns had been raised, he would have taken action.

The tribunal also concluded it was not just the trees, but the extreme weather of Cyclone Marcia which contributed to the damage.