Hammond v Arcimowicz [2015] NSWLEC 1490

Hammond v Arcimowicz [2015] NSWLEC 1490

The structural integrity of the tree's stem is sufficient and there is no present reason for removal; instead, regular professional arborist inspections and recommended works are necessary to reduce risk and protect both parties' interests.

Jurisdiction
Australia
Judgment Date
25 November 2015
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Final Decision
Outcome
Application upheld; orders made for respondent to arrange regular arborist inspections and carry out recommended works.
Legal Topics
['tree Disputes' 'damage by Falling Branches' 'risk of Damage or Injury' 'orders for Tree Assessment']
['environmental Law' 'property Law'] ['tree Disputes' 'damage by Falling Branches' 'risk of Damage or Injury' 'orders for Tree Assessment']

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Procedural Posture

Application Under Trees (disputes Between Neighbours) Act 2006 / Final Decision

Legal Issues

  1. 1 ["Whether the respondent's tree poses a risk of damage or injury such that removal or other orders are warranted under the Trees (Disputes Between Neighbours) Act 2006"]

Ratio Decidendi

The structural integrity of the tree's stem is sufficient and there is no present reason for removal; instead, regular professional arborist inspections and recommended works are necessary to reduce risk and protect both parties' interests.

Court Disposition

Application upheld; orders made for respondent to arrange regular arborist inspections and carry out recommended works.

Orders

  • ['The respondent is to arrange and pay for biennial inspections of the Tree by a suitably qualified (minimum AQF Level 5) and experienced arborist, with written report and recommendations.' "Inspections are to be conducted in November every two years beginning November 2016; a copy of the arborist's report is to be...