Gough v O’Sullivan [2016] NSWLEC 1178

Gough v O’Sullivan [2016] NSWLEC 1178

The requirements under s10(2) of the Trees (Disputes Between Neighbours) Act 2006 have been met in relation to likely future injury from the trees, enlivening the Court's jurisdiction. However, removal of large, healthy limbs or the trees themselves is inappropriate; remedial pruning of deadwood and inspection for structural integrity are warranted.

Jurisdiction
Australia
Judgment Date
06 May 2016
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Principal Judgment
Outcome
Application upheld in part; specific orders for inspection and deadwood pruning made, but removal and pruning of all overhanging branches dismissed.
Legal Topics
['tree Disputes Between Neighbours' 'pruning' 'removal of Trees' 'jurisdictional Tests' 'deadwood Removal']
['property Law' 'environmental Law'] ['tree Disputes Between Neighbours' 'pruning' 'removal of Trees' 'jurisdictional Tests' 'deadwood Removal']

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the Court has jurisdiction under s10(2) of the Trees (Disputes Between Neighbours) Act 2006 to make orders regarding the two Eucalyptus microcorys trees.' 'Whether the trees pose a risk of injury to the applicant.' "Whether orders should be made for the removal or pruning of the trees overhanging the applicant's property."]

Ratio Decidendi

The requirements under s10(2) of the Trees (Disputes Between Neighbours) Act 2006 have been met in relation to likely future injury from the trees, enlivening the Court's jurisdiction. However, removal of large, healthy limbs or the trees themselves is inappropriate; remedial pruning of deadwood and inspection for structural integrity are warranted.

Court Disposition

Application upheld in part; specific orders for inspection and deadwood pruning made, but removal and pruning of all overhanging branches dismissed.

Orders

  • ['The application to remove the two Eucalyptus microcorys (Tallowwoods) is dismissed.' "The application to prune all branches that are overhanging the applicant's property is dismissed." 'Within 60 days, the respondent is to engage and pay for an AQF Level 3 Arborist to undertake an aerial inspection of the southern...