Nowra Widow Must Pay
Illawarra Mercury
Wednesday April 9, 2003
GORDON Timbs twice tried to get rid of the tree that eventually killed him and yesterday his wife lost a compensation claim against the council which refused his requests.
Mr Timbs, 48, died when a 30m spotted gum tree, which had been inspected by Shoalhaven City Council, crashed onto the couple's South Nowra home on July 29, 1998.
The tree and six others had twice been declared safe by a council officer - the last time less than six months before Mr Timbs' death.
His widow, Carlene, sued the council in the NSW District Court for up to $750,000, saying it was liable because of the advice it gave.
The court relied upon Mrs Timbs' evidence, as records about the visits were never found, prompting Acting Judge Bill Nash to suggest they may have been destroyed because of the case's high profile, or were never made.
Judge Nash found in the council's favour and ordered Mrs Timbs, who works part-time and lives in rented accommodation, to pay court costs.
The court was told Mr Timbs was given permission to lop the tree but decided against it due to financial constraints. Judge Nash said lopping the tree would have reduced the impact of the wind.
``(It) may have resulted in it still standing today," he said.
However, Judge Nash apologised to Mrs Timbs and urged her to get on with her life.
``I would just say to you please ... get on with your life and there is a lot of living still to be done," he told the widow.
Judge Nash also used his judgment to push for law reforms to make councils liable if they rejected requests that led to consequences similar to those faced by the Timbs couple.
Speaking outside court, Mrs Timbs' lawyer, Stephen Firth, said the case was lost on a technicality and Mrs Timbs was devastated.
``She has to pay the council's costs and they will be substantial and that is an added burden she has to bear on top of losing her husband and having her home destroyed."
An appeal was not ruled out.
© 2003 Illawarra Mercury
