Carlysle-Sainty v Barnes [2008] NSWLEC 1241

Carlysle-Sainty v Barnes [2008] NSWLEC 1241

The tree caused some minor damage through falling deadwood, but not enough to warrant removal. The applicants did not demonstrate significant risk of substantial property damage or injury within the near future. Orders for pruning and maintenance, rather than removal, are appropriate.

Jurisdiction
Australia
Judgment Date
13 June 2008
Procedural Posture
Tree Dispute Application / Ex Tempore Judgment
Outcome
Application for removal of the tree refused; orders made for pruning and maintenance of the tree
Legal Topics
['tree Disputes' 'neighbour Relations' 'remedial Orders for Trees']
['environmental Law' 'property Law'] ['tree Disputes' 'neighbour Relations' 'remedial Orders for Trees']

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Procedural Posture

Tree Dispute Application / Ex Tempore Judgment

Legal Issues

  1. 1 ["Whether the tree on the respondents' property has caused, is causing or is likely to cause damage to property or injury to persons under the Trees (Disputes Between Neighbours) Act 2006" 'Whether removal of the tree is warranted or appropriate remedial action should be ordered']

Ratio Decidendi

The tree caused some minor damage through falling deadwood, but not enough to warrant removal. The applicants did not demonstrate significant risk of substantial property damage or injury within the near future. Orders for pruning and maintenance, rather than removal, are appropriate.

Court Disposition

Application for removal of the tree refused; orders made for pruning and maintenance of the tree

Orders

  • ["All deadwood down to 30 mm in diameter to be removed from the tree canopy overhanging the applicants' property to a point 2 m inside the respondents' property" 'The end of one live branch, as shown in the attached photograph, to be removed to the indicated point' 'All pruning to be performed by an arborist with a...