Nakkash v Jones [2020] NSWLEC 1374

Nakkash v Jones [2020] NSWLEC 1374

No sufficient evidence was provided to justify removal or heavy pruning of the tree; the risk of injury from falling figs is considered very low and acceptable, and the required maintenance for dropping debris is reasonable for urban living.

Jurisdiction
Australia
Judgment Date
23 July 2020
Procedural Posture
Tree Dispute Class 1 Application / Final Judgment and Order
Outcome
Application dismissed
Legal Topics
['trees (disputes Between Neighbours)' 'apprehension of Injury' 'tree Removal' 'tree Pruning' 'neighbour Disputes']
['property' 'environmental'] ['trees (disputes Between Neighbours)' 'apprehension of Injury' 'tree Removal' 'tree Pruning' 'neighbour Disputes']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Tree Dispute Class 1 Application / Final Judgment and Order

Legal Issues

  1. 1 ["Whether the tree presents a genuine risk of injury to persons on the applicants' property" 'Whether dropping fruit and related debris from the tree constitutes actionable damage under the Trees (Disputes between Neighbours) Act 2006' 'Whether the tree should be removed or pruned as sought by the applicants']

Ratio Decidendi

No sufficient evidence was provided to justify removal or heavy pruning of the tree; the risk of injury from falling figs is considered very low and acceptable, and the required maintenance for dropping debris is reasonable for urban living.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']