Grogan & McLean v Stacey [2007] NSWLEC 757

Grogan & McLean v Stacey [2007] NSWLEC 757

Although the tree has included bark and there is some risk, it is healthy and visually significant. Annual inspections, tests, and dead wood removal are sufficient precautions; removal is not warranted at this stage.

Parties
Applicant: Annie Grogan; Applicant: Peter McLean; Respondent: Kevin Stacey; Respondent: Eda Stacey
Jurisdiction
Australia
Judgment Date
14 November 2007
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Ex Tempore Judgment
Outcome
Application for removal refused; orders made for annual inspection, monitoring, and removal of dead wood.
Legal Topics
Tree Disputes Between Neighbours, Risk of Injury From Tree Failure, Property Damage From Trees
Environmental Law Tree Disputes Between Neighbours Risk of Injury From Tree Failure Property Damage From Trees

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Parties

Annie Grogan

Applicant

Peter McLean

Applicant

Kevin Stacey

Respondent

Eda Stacey

Respondent

Procedural Posture

Application Under Trees (disputes Between Neighbours) Act 2006 / Ex Tempore Judgment

Legal Issues

  1. 1 Should the Liquidambar tree on the respondents' property be removed due to risk of injury and property damage?
  2. 2 Has the tree caused damage to the applicants' driveway and retaining wall?
  3. 3 Have adequate steps been taken to minimise risk from the tree?

Ratio Decidendi

Although the tree has included bark and there is some risk, it is healthy and visually significant. Annual inspections, tests, and dead wood removal are sufficient precautions; removal is not warranted at this stage.

Court Disposition

Application for removal refused; orders made for annual inspection, monitoring, and removal of dead wood.

Orders

  • Tree to be inspected annually by consulting arborists retained by both applicants and respondents.
  • Tree to be retested with sonic tomograph and Resistograph; initial inspection within 90 days.