Langley v Little [2007] NSWLEC 784

Procedural Posture

Application Pursuant to S 7 of the Trees (disputes Between Neighbours) Act 2006 Concerning Trees on Adjoining Property / Judgment in Chambers After on Site Hearing and Telephone Callover

Legal Issues

1. 1 ["Whether the trees caused damage to the applicants' property, were causing damage, were likely in the near future to cause damage, or were likely to cause injury to any person under s 10(2) of the Act." "Whether the Cocos palms presented a slip hazard from seeds and fronds sufficient to enliven the Court's jurisdiction." "Whether the dead Fig tree caused damage to the applicants' driveway and created a likely injury risk." "Whether the Cypress trees or remaining Fig trees were likely in the near future to cause damage to the applicants' driveway, pipes or services." "Whether repair of the applicants' driveway should be ordered at the respondents' cost."]

Ratio Decidendi

The Court's jurisdiction was enlivened for the Cocos palms because their seeds on a paved walkway presented a slip hazard likely to cause injury, and for the dead Fig tree because it had lifted a driveway slab by about 40 mm and was likely to cause injury. The Court was not satisfied that the Cypress trees or the remaining Fig trees were likely in the near future to cause damage. In light of the parties' agreement on tree management and driveway repair, and the lower repair quotation, the application was dismissed while noting the agreed terms.

Court Disposition

Application dismissed, noting the agreement between the parties.

Orders

• ["All Cocos palms growing on 82 Hibbard Drive adjacent the common boundary with 80 Hibbard Drive shall have seeds and dead fronds pruned off at least once per year to avoid seeds and fronds falling onto 80 Hibbard Drive; fallen seeds and fronds during pruning are to be removed; pruning and clean up are at the...