Zhang v Alzaidi; Zounis v Alzaidi [2021] NSWLEC 1536

Zhang v Alzaidi; Zounis v Alzaidi [2021] NSWLEC 1536

The Court found that for some of the trees in question, there was sufficient likelihood of future damage or injury (notably from dead branches and failing limbs over the applicants' properties) to justify orders for pruning or removal. For other issues—damage from debris, obstruction of sunlight, and fire risk—there was insufficient evidence of current or likely future damage or injury, and thus orders were not justified. Orders were limited to reasonable pruning or removal to mitigate the established risks.

Jurisdiction
Australia
Judgment Date
17 September 2021
Procedural Posture
Tree Dispute – Pt 2 Application / Judgment and Final Orders
Outcome
Application granted in part for each proceeding; orders made for tree removal/pruning as specified.
Legal Topics
['tree Disputes' 'pruning and Removal of Trees' 'risk of Damage or Injury From Trees']
['environmental Law' 'neighbourhood Disputes'] ['tree Disputes' 'pruning and Removal of Trees' 'risk of Damage or Injury From Trees']

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Procedural Posture

Tree Dispute – Pt 2 Application / Judgment and Final Orders

Legal Issues

  1. 1 ['Whether the trees have caused, are causing, or are likely to cause, damage to property or injury to person under s 10 of the Trees (Disputes Between Neighbours) Act 2006' 'Whether applicants have made reasonable effort to reach agreement with the respondent before court intervention' 'Appropriate orders (if any) for pruning or removal of trees']

Ratio Decidendi

The Court found that for some of the trees in question, there was sufficient likelihood of future damage or injury (notably from dead branches and failing limbs over the applicants' properties) to justify orders for pruning or removal. For other issues—damage from debris, obstruction of sunlight, and fire risk—there was insufficient evidence of current or likely future damage or injury, and thus orders were not justified. Orders were limited to reasonable pruning or removal to mitigate the established risks.

Court Disposition

Application granted in part for each proceeding; orders made for tree removal/pruning as specified.

Orders

  • ['Respondent to engage and pay for a qualified arborist within 30 days to remove T7 (camphor laurel) to within 500mm above ground level;' "Prune T8 and T9 (camphor laurels) to remove long low branches over 21/45399 applicants' property, reduce higher branches to suitable laterals and remove any deadwood >20mm...