Alegounarias v Williams; Barnes v Williams; [2012] NSWLEC 1052

Alegounarias v Williams; Barnes v Williams; [2012] NSWLEC 1052

The Court was satisfied, after inspection and by reference to the experts' agreement, that there was a nexus between the Camphor Laurel and the damaged garage. Because rectifying the damage and preventing future damage would require severing major structural roots, rendering the tree unstable and a risk to people and property, the proposed consent orders for removal were appropriate and within jurisdiction.

Jurisdiction
Australia
Judgment Date
09 March 2012
Procedural Posture
Class 2 Application Under S7 Part 2 of the Trees (disputes Between Neighbours) Act 2006 / Principal Judgment; Consent Orders
Outcome
Application to remove tree upheld; consent orders made.
Legal Topics
['damage to Property Caused by Tree Roots' 'removal of Tree' 'consent Orders' 'jurisdiction Under S 10(2) of the Trees (disputes Between Neighbours) Act 2006']
['trees Disputes' 'neighbour Disputes' 'property Damage'] ['damage to Property Caused by Tree Roots' 'removal of Tree' 'consent Orders' 'jurisdiction Under S 10(2) of the Trees (disputes Between Neighbours) Act 2006']

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Procedural Posture

Class 2 Application Under S7 Part 2 of the Trees (disputes Between Neighbours) Act 2006 / Principal Judgment; Consent Orders

Legal Issues

  1. 1 ['Whether the Court had jurisdiction under s 10(2) of the Trees (Disputes Between Neighbours) Act 2006 to make orders for removal of the tree.' "Whether the mature Camphor Laurel caused damage to the applicants' property and whether removal of the tree and stump was appropriate."]

Ratio Decidendi

The Court was satisfied, after inspection and by reference to the experts' agreement, that there was a nexus between the Camphor Laurel and the damaged garage. Because rectifying the damage and preventing future damage would require severing major structural roots, rendering the tree unstable and a risk to people and property, the proposed consent orders for removal were appropriate and within jurisdiction.

Court Disposition

Application to remove tree upheld; consent orders made.

Orders

  • ['The application to remove the tree is upheld.' 'Within 90 days of the date of these orders, the applicants in matters 21041 and 21042 of 2011 are to engage and pay for an AQF level 3 arborist with membership of an arboricultural industry association and appropriate levels and types of insurance to remove the tree,...