Hutchison v White [2018] NSWLEC 1594

Hutchison v White [2018] NSWLEC 1594

Only trees that are dead or declining and likely to cause damage in the near future (as defined as 12 months) satisfy s 10(2) of the Trees Act and may be ordered for removal; healthy trees without structural defects do not meet this threshold.

Jurisdiction
Australia
Judgment Date
25 October 2018
Procedural Posture
Class 2 / Final Judgment
Outcome
Orders made for removal of trees 3 and 7; no orders for remaining five trees.
Legal Topics
['trees (disputes Between Neighbours)' 'damage to Property' 'risk of Injury' 'jurisdictional Test' 'consent Orders']
['environmental Law' 'neighbour Disputes'] ['trees (disputes Between Neighbours)' 'damage to Property' 'risk of Injury' 'jurisdictional Test' 'consent Orders']

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Procedural Posture

Class 2 / Final Judgment

Legal Issues

  1. 1 ['Whether each tree meets the jurisdictional test under s 10(2) of the Trees (Disputes Between Neighbours) Act 2006 (NSW) to warrant an order for removal.']

Ratio Decidendi

Only trees that are dead or declining and likely to cause damage in the near future (as defined as 12 months) satisfy s 10(2) of the Trees Act and may be ordered for removal; healthy trees without structural defects do not meet this threshold.

Court Disposition

Orders made for removal of trees 3 and 7; no orders for remaining five trees.

Orders

  • ['Within 90 days, the respondents are to engage and pay for a suitably qualified and experienced arborist (minimum AQF level 3) with all appropriate insurances to remove trees 3 and 7 to no more than 500 mm above ground level.' 'Works are to be done in accordance with the guidelines of the WorkCover NSW Code of...