MacDonald v Maio & Sacco [2007] NSWLEC 349

MacDonald v Maio & Sacco [2007] NSWLEC 349

The tree has caused, and is likely to continue to cause, damage to property and poses a risk of injury to persons. However, the Court is not satisfied that an order for removal is warranted. Instead, orders are appropriate for management, pruning, and periodic inspection of the tree, to manage risk and address ongoing issues.

Jurisdiction
Australia
Judgment Date
13 June 2007
Procedural Posture
Neighbour Dispute – Trees Act Application / Ex Tempore Judgment After Hearing
Outcome
Proposed management orders made, not yet final; parties invited to respond.
Legal Topics
['neighbour Trees' 'tree Disputes' 'risk of Damage' 'court Orders for Tree Management']
['environmental Law' 'property Law'] ['neighbour Trees' 'tree Disputes' 'risk of Damage' 'court Orders for Tree Management']

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Procedural Posture

Neighbour Dispute – Trees Act Application / Ex Tempore Judgment After Hearing

Legal Issues

  1. 1 ['Whether the tree on the respondents’ property caused or is likely to cause damage to the applicant’s property or risk of injury under s 10(2) Trees (Disputes Between Neighbours) Act 2006' 'Whether an order for removal or management of the tree should be made under s 9 of the Act']

Ratio Decidendi

The tree has caused, and is likely to continue to cause, damage to property and poses a risk of injury to persons. However, the Court is not satisfied that an order for removal is warranted. Instead, orders are appropriate for management, pruning, and periodic inspection of the tree, to manage risk and address ongoing issues.

Court Disposition

Proposed management orders made, not yet final; parties invited to respond.

Orders

  • ['Significant branches overhanging applicant’s property to be removed as specified in annexed photograph.' 'Remaining overhanging branches to be pruned to one third of their length, in accordance with Australian Standard 4373 – 2007.' 'Dead wood greater than 30mm diameter to be removed from canopy.' 'Annual...