The Judge Decides

Justice Malcolm Craig - Land & Environment CourtJune, 2011 - Justice Malcolm Craig visits the site.  In March, 2012, 11 months later, the Justice decrees......... "I have not been left in a state of belief, on the balance of probabilities, that the tree is the cause of that damage"

THE JUDGE WAS NOT COMPETENT TO TRY THIS CASE

THE JUDGE GOT IT WRONG

THERE IS NO PRACTICAL RIGHT OF APPEAL

THIS IS A BREACH OF OUR HUMAN RIGHTS

The undisputed facts...

!
The undisputed facts

  • No other trees
  • No underground streams
  • No leaking pipes
  • No soil erosion
  • No soil - on top of sandstone ridge
  • No rock slides
  • No subsidence
  • Clearly visible large roots going under home
  • Cracks originating directly above root entry
  • Upward bowing of reinforced beam directly above root entry

The tree did it...

6
reputable authories say the tree IS the cause

  • AMP/GIO (Mountford Prider - Engineers) - 14 page report
  • Shirley Consulting - Geotechnical Engineers - 20 page report
  • McKee & Associates - Structural Engineer - 14 page report
  • Footprint Green - Arborists - 10 page report
  • Urban Forestry Australia - Arborists - 18 page report
  • GBG Australia - Ground Penetrating Radar - 8 page report

The tree didn't do it...

0
reputable authories, excluding the Judge, say the tree is NOT the cause

Experts have hypothesised and speculated to cause but not one stated that the tree DID NOT inflict the damage.

Not one person or reputable entity has promoted any viable alternative to the tree causing the damage!

The Judge believed...

...the experts who said.....

  • ...they were unable to identify any evidence of tree roots likely to be causing upward pressure so as to occasion the lifting of the footing that had occurred.
  • ...the likely maximum pressure that a tree root would impose upon rock in which it was growing would be about 860kPa. (actual figure is about 7MPa - over 8 times greater!)
  • ...based on his experience, while tree roots can damage curbs and footpaths, pressure from tree roots is not known to damage foundations.
  • ...explanation for displacement was relative movement of boulders caused by variations in the in-soil water pressure. (what soil? The house sits on top of a sandstone ridge!)
  • ...that uplift of the footing from the pressure of tree roots was not likely.

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