Bengali v Hadchiti [2009] NSWLEC 1202

Bengali v Hadchiti [2009] NSWLEC 1202

The Court found that the Rubber tree, located on the respondent’s property, had caused damage to the applicant’s paving and was likely to cause further damage. The damage satisfied s 10(2)(a) of the Act, and after considering s 12 matters, the Court determined removal of the tree at the respondent’s cost was warranted.

Parties
Applicant: Banoo Bengali; Respondent: Simon Hadchiti
Jurisdiction
Australia
Judgment Date
27 May 2009
Procedural Posture
Tree Dispute Application / On Site Hearing and Ex Tempore Judgment
Outcome
Application upheld in part; orders made for removal of tree and related works at respondent's cost
Legal Topics
Trees (neighbours), Damage to Property, Rectification Orders
Environmental Law Property Law Trees (neighbours) Damage to Property Rectification Orders

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Parties

Banoo Bengali

Applicant

Simon Hadchiti

Respondent

Procedural Posture

Tree Dispute Application / On Site Hearing and Ex Tempore Judgment

Legal Issues

  1. 1 Whether the Rubber tree caused or is likely to cause damage to the applicant's property
  2. 2 Whether the Court should order the removal of the tree and related works at the owner's cost

Ratio Decidendi

The Court found that the Rubber tree, located on the respondent’s property, had caused damage to the applicant’s paving and was likely to cause further damage. The damage satisfied s 10(2)(a) of the Act, and after considering s 12 matters, the Court determined removal of the tree at the respondent’s cost was warranted.

Court Disposition

Application upheld in part; orders made for removal of tree and related works at respondent's cost

Orders

  • These orders apply to 37 Glassop Street, Yagoona
  • The Rubber tree shall be removed, leaving at most a stump of about 100 mm above ground level, and the stump shall be treated to prevent regrowth from the stump and roots