Mc Ilwraith v Jones & anor [2007] NSWLEC 612

Mc Ilwraith v Jones & anor [2007] NSWLEC 612

Due to increased wind exposure following removal of adjacent trees, included bark creating potential weakness, and proximity to the applicants' house, the tree is likely to cause damage in the near future or injury to a person if failure occurs. It is therefore appropriate to order pruning to reduce this risk.

Parties
Applicants: D and R Mc Ilwraith; Respondents: J Jones and E Hodda
Jurisdiction
Australia
Judgment Date
13 September 2007
Procedural Posture
Neighbour Tree Dispute Application / Final Decision (ex Tempore Judgment)
Outcome
Orders for pruning of the subject tree granted.
Legal Topics
Trees (disputes Between Neighbours), Pruning of Trees, Liability for Tree Damage
Property Law Environmental Law Trees (disputes Between Neighbours) Pruning of Trees Liability for Tree Damage

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Parties

D and R Mc Ilwraith

Applicants

J Jones and E Hodda

Respondents

Procedural Posture

Neighbour Tree Dispute Application / Final Decision (ex Tempore Judgment)

Legal Issues

  1. 1 Whether the tree poses a risk of damage to property or injury to persons such that intervention is warranted under the Trees (Disputes Between Neighbours) Act 2006

Ratio Decidendi

Due to increased wind exposure following removal of adjacent trees, included bark creating potential weakness, and proximity to the applicants' house, the tree is likely to cause damage in the near future or injury to a person if failure occurs. It is therefore appropriate to order pruning to reduce this risk.

Court Disposition

Orders for pruning of the subject tree granted.

Orders

  • Respondents to arrange for pruning by an experienced arborist (AQF level 3 or higher) and in accordance with Australian Standard 4373 of 2007 - Pruning of Amenity Trees.
  • Pruning to consist of removal of the lowest branch from the western trunk (main branch overhanging applicants' house).