Karabolovski v Watts [2019] NSWLEC 1444

Karabolovski v Watts [2019] NSWLEC 1444

Although minor damage had likely been caused to roof tiles and gutter guard by falling branches, the damage was insignificant, the risk of further damage was low after recent pruning, and the benefits of the tree outweighed any minimal risk. No further orders for pruning, removal, or compensation were warranted.

Parties
First Applicant: Peter Karabolovski; Second Applicant: Rosa Karabolovski; First Respondent: Peter Watts; Second Respondent: Tonia Parker-Watts
Jurisdiction
Australia
Judgment Date
13 September 2019
Procedural Posture
Class 2 / Judgment
Outcome
Application dismissed.
Legal Topics
Trees (disputes Between Neighbours), Risk of Damage or Injury, Extent of Damage, Tree Removal, Pruning of Trees
Environmental Law Property Law Trees (disputes Between Neighbours) Risk of Damage or Injury Extent of Damage Tree Removal Pruning of Trees

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 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Peter Karabolovski

First Applicant

Rosa Karabolovski

Second Applicant

Peter Watts

First Respondent

Tonia Parker-Watts

Second Respondent

Procedural Posture

Class 2 / Judgment

Legal Issues

  1. 1 Whether the tree has caused, is causing, or is likely in the near future to cause, damage to the applicants' property or injury to any person as required under s 10(2) of the Trees (Disputes Between Neighbours) Act 2006 (NSW)
  2. 2 Whether the applicants are entitled to orders for removal of the tree, compensation, or ongoing pruning

Ratio Decidendi

Although minor damage had likely been caused to roof tiles and gutter guard by falling branches, the damage was insignificant, the risk of further damage was low after recent pruning, and the benefits of the tree outweighed any minimal risk. No further orders for pruning, removal, or compensation were warranted.

Court Disposition

Application dismissed.

Orders

  • The application is dismissed.