Berkman v Ward [2007] NSWLEC 864

Berkman v Ward [2007] NSWLEC 864

The trees appeared healthy on ground inspection with no obvious structural defects; they contributed to the local ecosystem, landscape, public amenity and soil stabilisation, and the respondent had taken pruning steps to prevent injury or damage. There was nothing to suggest the trees should be removed, although deadwood overhanging or near the applicant's property should be removed annually.

Jurisdiction
Australia
Judgment Date
20 December 2007
Procedural Posture
Application Pursuant to S 7 of the Trees (disputes Between Neighbours) Act 2006 Concerning Removal of Trees / Ex Tempore Judgment After Hearing
Outcome
Application to remove the trees dismissed; pruning orders made.
Legal Topics
['removal of Trees' 'risk to Persons and Property' 'tree Pruning and Deadwood Removal']
['trees Disputes Between Neighbours' 'land and Environment'] ['removal of Trees' 'risk to Persons and Property' 'tree Pruning and Deadwood Removal']

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Procedural Posture

Application Pursuant to S 7 of the Trees (disputes Between Neighbours) Act 2006 Concerning Removal of Trees / Ex Tempore Judgment After Hearing

Legal Issues

  1. 1 ['Whether the trees have caused, are causing or could, in the near future, cause damage to property or injury to persons.' 'Whether the four eucalypts should be removed or managed by pruning.']

Ratio Decidendi

The trees appeared healthy on ground inspection with no obvious structural defects; they contributed to the local ecosystem, landscape, public amenity and soil stabilisation, and the respondent had taken pruning steps to prevent injury or damage. There was nothing to suggest the trees should be removed, although deadwood overhanging or near the applicant's property should be removed annually.

Court Disposition

Application to remove the trees dismissed; pruning orders made.

Orders

  • ["The owner of the trees is to engage an AQF level 3 Arborist to remove all deadwood down to 30mm in diameter from all parts of the tree that overhang the applicant's property and to a point 3 m inside the boundary fence on the respondent's side." 'The work is to be performed to the standards set out in...