Kennedy & anor v Hayes & anor [2014] NSWLEC 1114

The trees have caused and are likely to continue causing damage; s 10(2) jurisdiction satisfied but removal or pruning back to boundary not warranted – annual removal of dead wood ordered as a proportionate response, and limited compensation granted only for recent damage after proper notice to respondents.

Parties: Applicants: Mr G & Ms K Kennedy; Respondents: Mr M & Ms R Hayes
Jurisdiction: Australia
Judgment Date: 18 June 2014
Procedural Posture: Tree Dispute (class 2) Application / Final Hearing and Decision
Outcome: Application upheld in part
Legal Topics: Trees (disputes Between Neighbours) Act 2006, Neighbour Disputes, Damage to Property, Compensation, Pruning and Tree Maintenance

Environmental Law Property Law Trees (disputes Between Neighbours) Act 2006 Neighbour Disputes Damage to Property Compensation Pruning and Tree Maintenance

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Parties

Mr G & Ms K Kennedy

Applicants

Mr M & Ms R Hayes

Respondents

Procedural Posture

Tree Dispute (class 2) Application / Final Hearing and Decision

Legal Issues

1 Whether the respondents' trees have caused, are causing, or are likely to cause damage to the applicants' property or injury to persons
2 Whether orders should be made for removal or pruning of the trees and for compensation

Ratio Decidendi

Court Disposition

Application upheld in part

Orders

Respondents to engage and pay for AQF level 3 arborist to remove all dead wood >40mm diameter at base from the subject trees overhanging the applicants' property within 30 days.
If new owners have taken possession, respondents to advise them to provide necessary access for works.