Hooley v Maher [2022] NSWLEC 1514

Hooley v Maher [2022] NSWLEC 1514

The Applicants did not provide evidence sufficient to establish that roots from the Respondent's trees damaged the pool; the observed roots were small and the pool's condition was most likely due to other factors including age, so compensation was refused. The trees appeared healthy and structurally sound, with no large parts likely to fail, but low branches overhanging the Applicants' property created insufficient clearance and branches of T2 and T3 near the garage roof might cause minor damage in strong winds, justifying limited pruning orders.

Jurisdiction
Australia
Judgment Date
14 September 2022
Procedural Posture
Class 2 Pt 2 Application Under the Trees (disputes Between Neighbours) Act 2006 / Principal Judgment After Onsite Hearing
Outcome
Application granted in part; pruning orders made; compensation refused.
Legal Topics
['neighbouring Trees' 'damage to Property' 'compensation for Alleged Pool Damage' 'tree Pruning Orders' 'risk of Injury From Overhanging Branches']
['trees Disputes Between Neighbours' 'property Law'] ['neighbouring Trees' 'damage to Property' 'compensation for Alleged Pool Damage' 'tree Pruning Orders' 'risk of Injury From Overhanging Branches']

Case Brief

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Procedural Posture

Class 2 Pt 2 Application Under the Trees (disputes Between Neighbours) Act 2006 / Principal Judgment After Onsite Hearing

Legal Issues

  1. 1 ["Whether the Respondent's trees caused, are causing, or are likely in the near future to cause damage to the Applicants' property." "Whether the Respondent's trees are likely to injure any person." "Whether compensation should be ordered for alleged damage to the Applicants' pool." "Whether pruning orders should be made for branches overhanging the Applicants' property and near the garage roof."]

Ratio Decidendi

The Applicants did not provide evidence sufficient to establish that roots from the Respondent's trees damaged the pool; the observed roots were small and the pool's condition was most likely due to other factors including age, so compensation was refused. The trees appeared healthy and structurally sound, with no large parts likely to fail, but low branches overhanging the Applicants' property created insufficient clearance and branches of T2 and T3 near the garage roof might cause minor damage in strong winds, justifying limited pruning orders.

Court Disposition

Application granted in part; pruning orders made; compensation refused.

Orders

  • ['The application is granted to the extent of the following orders.' "The Respondent is to engage and pay for a suitably qualified arborist (minimum AQF level 3) with all appropriate insurances to carry out the following works within 30 days of the date of these orders: prune branches (no pruning of stems) of trees...