Turner v Garlick [2014] NSWLEC 1159

Turner v Garlick [2014] NSWLEC 1159

Tree 2 and Tree 3 are likely to cause further damage to the shed slab, satisfying jurisdictional requirements for orders to remove them; the proximity and evidence of root growth substantiate causation. Tree 1 is not found to have caused or to likely cause significant damage or risk of injury such as to justify removal or other orders.

Jurisdiction
Australia
Judgment Date
13 August 2014
Procedural Posture
Tree Dispute (class 2) / Final Judgment
Outcome
Application upheld in part. Orders for removal of Tree 2 and Tree 3; application regarding Tree 1 dismissed.
Legal Topics
['trees (disputes Between Neighbours)' 'damage to Property' 'injury Risk' 'removal of Trees' 'apportionment of Costs']
['property Law' 'environmental Law'] ['trees (disputes Between Neighbours)' 'damage to Property' 'injury Risk' 'removal of Trees' 'apportionment of Costs']

Case Brief

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Procedural Posture

Tree Dispute (class 2) / Final Judgment

Legal Issues

  1. 1 ["Whether tree roots caused damage to applicant's property" 'Whether tree roots posed risk of injury' 'Whether orders should be made for removal of trees' 'Whether costs should be apportioned for tree removal']

Ratio Decidendi

Tree 2 and Tree 3 are likely to cause further damage to the shed slab, satisfying jurisdictional requirements for orders to remove them; the proximity and evidence of root growth substantiate causation. Tree 1 is not found to have caused or to likely cause significant damage or risk of injury such as to justify removal or other orders.

Court Disposition

Application upheld in part. Orders for removal of Tree 2 and Tree 3; application regarding Tree 1 dismissed.

Orders

  • ['Within 60 days respondents to engage a qualified arborist to remove both Tree 2 and Tree 3 to no more than 500 mm above ground level and poison stumps, complying with WorkCover NSW Code of Practice.' 'Applicants to provide access for works on reasonable notice and during reasonable hours.' 'Applicants to pay...