Johnson v Kaushik [2024] NSWLEC 1374

Johnson v Kaushik [2024] NSWLEC 1374

The Sydney Blue Gum poses a likely risk of near future damage to the applicants' property via falling deadwood and branches, and a low but genuine risk of injury, engaging the jurisdiction of the Trees (Disputes Between Neighbours) Act 2006; pruning rather than removal is best suited as remedy, given environmental, amenity, and biodiversity factors.

Jurisdiction
Australia
Judgment Date
03 July 2024
Procedural Posture
Tree Dispute (class 2) / Principal Judgment
Outcome
Orders made for selective pruning of deadwood and live branches by respondents, ongoing annual maintenance, compliance with pruning standards, and provision of reasonable access.
Legal Topics
['trees (disputes Between Neighbours) Act 2006' 'pruning of Amenity Trees' 'damage to Property by Trees' 'risk of Injury From Trees']
['property Law' 'environmental Law'] ['trees (disputes Between Neighbours) Act 2006' 'pruning of Amenity Trees' 'damage to Property by Trees' 'risk of Injury From Trees']

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Procedural Posture

Tree Dispute (class 2) / Principal Judgment

Legal Issues

  1. 1 ['Whether pruning or removal of the Sydney Blue Gum is warranted to prevent damage or injury under the Trees (Disputes Between Neighbours) Act 2006' 'Whether deadwood and live branches pose a risk to property or persons' 'Whether dropping debris constitutes actionable damage' 'Whether root uplift poses a genuine risk of injury']

Ratio Decidendi

The Sydney Blue Gum poses a likely risk of near future damage to the applicants' property via falling deadwood and branches, and a low but genuine risk of injury, engaging the jurisdiction of the Trees (Disputes Between Neighbours) Act 2006; pruning rather than removal is best suited as remedy, given environmental, amenity, and biodiversity factors.

Court Disposition

Orders made for selective pruning of deadwood and live branches by respondents, ongoing annual maintenance, compliance with pruning standards, and provision of reasonable access.

Orders

  • ["Respondents to employ AQF level 3 arborists to prune all deadwood larger than 15 mm at branch collar overhanging applicants' land and overhanging within 1 m of common boundary; selective pruning of four live branches as specified." 'Works to be completed within 60 days.' 'Annual pruning works to be repeated every...