Green & Anor v Dyson & Anor [2011] NSWLEC 1057

Green & Anor v Dyson & Anor [2011] NSWLEC 1057

The evidence established that the tree poses a risk of injury to persons due to the volume of deadwood, epicormic growth, and decay, and that necessary pruning would largely destroy the tree. Therefore, removal rather than pruning is warranted under the Act.

Parties
Applicants: W L & R A Green; Respondents: W & W Dyson
Jurisdiction
Australia
Judgment Date
04 March 2011
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Final Judgment
Outcome
Application to remove the tree upheld
Legal Topics
Trees (disputes Between Neighbours), Risk of Injury to Persons, Tree Removal
Environmental Law Trees (disputes Between Neighbours) Risk of Injury to Persons Tree Removal

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Parties

W L & R A Green

Applicants

W & W Dyson

Respondents

Procedural Posture

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

Legal Issues

  1. 1 Whether the tree on the respondents' land is likely to cause injury to persons under the Trees (Disputes Between Neighbours) Act 2006
  2. 2 Whether pruning or removal is the appropriate remedy

Ratio Decidendi

The evidence established that the tree poses a risk of injury to persons due to the volume of deadwood, epicormic growth, and decay, and that necessary pruning would largely destroy the tree. Therefore, removal rather than pruning is warranted under the Act.

Court Disposition

Application to remove the tree upheld

Orders

  • The tree is to be removed to a point not more than 600mm from ground as measured from the respondents' land.
  • The removal is to be undertaken by an Arborist with at least AQF level 3 qualifications in arboriculture and with appropriate insurances including NSW WorkCover insurance.