Channon & anor v Norton & anor [2015] NSWLEC 1391

Channon & anor v Norton & anor [2015] NSWLEC 1391

On the balance of probabilities, the roots of the Tallowwood have caused damage to the Channons' wall, enabling exercise of the Court's jurisdiction and justifying an order for the tree's removal due to the extent and nature of damage and the tree's structural defects.

Jurisdiction
Australia
Judgment Date
25 September 2015
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Principal Judgment
Outcome
Application upheld.
Legal Topics
['tree Disputes' 'damage Caused by Tree Roots' 'orders for Tree Removal']
['environmental Law' 'property Law'] ['tree Disputes' 'damage Caused by Tree Roots' 'orders for Tree Removal']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether the Tallowwood tree's roots caused damage to the Channons' wall" 'Whether removal of the Tallowwood is necessary' 'Whether the Silky Oak should be removed']

Ratio Decidendi

On the balance of probabilities, the roots of the Tallowwood have caused damage to the Channons' wall, enabling exercise of the Court's jurisdiction and justifying an order for the tree's removal due to the extent and nature of damage and the tree's structural defects.

Court Disposition

Application upheld.

Orders

  • ['The application is upheld.' 'Within 60 days of the date of these orders the respondents are to engage and pay for a suitably qualified arborist (minimum AQF level 3), with all appropriate insurances, to remove the Tallowwood to ground level and to grind out all sections of the stump and woody roots within their...