Trespass to land & damages

 Carver & Anor v Hill t/a AJ & MJ Hill’s Removals [2010] QDC 401

The defendants entered upon the plaintiff’s land for the purpose of transporting a house to an adjourning block and in the process caused damage to the vegetation. In dispute was the quantum of the damage and the wilfulness of the trespass.

Ryrie DCJ

Her Honour ultimately preferred the evidence of the defendants and their expert and awarded modest damages of $5,000.00 together with interest.

The compensatory principles are at paragraphs 19, 20, 34 and 36.

With respect to exemplary damages which were rejected, I refer you to paragraph 38.

 

Brisbane Barrister – David Cormack  

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