Filla v Wilson [2011] NSWLEC 1265

Filla v Wilson [2011] NSWLEC 1265

The falling dead wood from the respondents' Angophora tree has caused damage to the applicants' property and is likely to cause further damage. Limited and regular removal of dead wood by a qualified arborist at the respondents' expense is a reasonable and proportionate remedy, as the tree otherwise appears healthy and removal or reduction in height is unnecessary and impractical.

Jurisdiction
Australia
Judgment Date
29 August 2011
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Judgment
Outcome
Application for pruning upheld in part; specific orders made for periodic removal of dead wood.
Legal Topics
['tree Disputes' 'damage to Property' 'injury to Persons']
['environmental Law' 'property Law'] ['tree Disputes' 'damage to Property' 'injury to Persons']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application Under Trees (disputes Between Neighbours) Act 2006 / Judgment

Legal Issues

  1. 1 ["Whether dead wood from the respondents' tree has caused or is likely to cause damage to the applicants' property" 'Whether the Court should make orders for intervention with the tree under the Trees (Disputes Between Neighbours) Act 2006']

Ratio Decidendi

The falling dead wood from the respondents' Angophora tree has caused damage to the applicants' property and is likely to cause further damage. Limited and regular removal of dead wood by a qualified arborist at the respondents' expense is a reasonable and proportionate remedy, as the tree otherwise appears healthy and removal or reduction in height is unnecessary and impractical.

Court Disposition

Application for pruning upheld in part; specific orders made for periodic removal of dead wood.

Orders

  • ['Application to interfere with the tree is upheld in part.' "Respondents to engage and pay for an AQF level 3 arborist to remove all dead wood down to 50mm diameter from tree parts overhanging applicants' property to 2m within respondents' property." 'Work to be completed within 60 days of judgment date.' 'Work to...