Milevski v Pajkovic [2022] NSWLEC 1492

Milevski v Pajkovic [2022] NSWLEC 1492

The respondents' omission in failing to inspect and remove an obviously unhealthy, hazardous tree despite repeated warnings contributed foreseeably to the damage. Compensation is warranted as the event was not an unforeseeable 'act of God.' Orders are also justified to remove the Cocos palm due to risk of injury, but not for the Bangalow palm due to the low risk.

Jurisdiction
Australia
Judgment Date
14 September 2022
Procedural Posture
Tree Dispute (class 2) / Final Determination
Outcome
Orders made for compensation and tree removal/remediation
Legal Topics
['tree Disputes Between Neighbours' 'compensation for Property Damage' 'risk Mitigation From Trees']
['property Law' 'environmental Law'] ['tree Disputes Between Neighbours' 'compensation for Property Damage' 'risk Mitigation From Trees']

Case Brief

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Procedural Posture

Tree Dispute (class 2) / Final Determination

Legal Issues

  1. 1 ['Whether the respondents are liable to compensate for damage caused by a fallen tree' 'Whether there is sufficient risk from palm trees to warrant orders for removal or pruning' 'Whether actions or omissions by the respondents contributed to the foreseeability of the tree collapse and resulting damage']

Ratio Decidendi

The respondents' omission in failing to inspect and remove an obviously unhealthy, hazardous tree despite repeated warnings contributed foreseeably to the damage. Compensation is warranted as the event was not an unforeseeable 'act of God.' Orders are also justified to remove the Cocos palm due to risk of injury, but not for the Bangalow palm due to the low risk.

Court Disposition

Orders made for compensation and tree removal/remediation

Orders

  • ['Respondents to employ qualified arborists to remove the Syagrus romanzoffiana (Cocos Palm) within 30 days, at their expense.' 'Bangalow Palms to remain untouched.' 'Each party to exchange quotations for replacement and installation of damaged Balustrade within 30 days.' 'Respondents to reimburse applicants for the...