Byrnes v Ryan (No 3) [2022] NSWLEC 1177

Byrnes v Ryan (No 3) [2022] NSWLEC 1177

The evidence did not establish that the tree branch itself caused actionable damage to the applicant’s property as required under the Act. However, the risk of future injury or damage from the now more exposed and weakly-attached branch justifies remedial pruning in accordance with safety and professional standards.

Jurisdiction
Australia
Judgment Date
30 March 2022
Procedural Posture
Trees (disputes Between Neighbours) Act 2006, Pt 2 Application / Final Orders
Outcome
Orders granted for remedial pruning; no compensation ordered.
Legal Topics
['tree Disputes' 'damage or Injury Caused by Trees' 'pruning Orders']
['environmental Law' 'property Law'] ['tree Disputes' 'damage or Injury Caused by Trees' 'pruning Orders']

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Procedural Posture

Trees (disputes Between Neighbours) Act 2006, Pt 2 Application / Final Orders

Legal Issues

  1. 1 ["Whether a tree has caused damage to the applicant's property" 'Whether current circumstances justify new orders given previous orders' 'Whether risk of future injury or damage warrants intervention' 'Whether applicant has made reasonable efforts to reach agreement']

Ratio Decidendi

The evidence did not establish that the tree branch itself caused actionable damage to the applicant’s property as required under the Act. However, the risk of future injury or damage from the now more exposed and weakly-attached branch justifies remedial pruning in accordance with safety and professional standards.

Court Disposition

Orders granted for remedial pruning; no compensation ordered.

Orders

  • ['Respondents to engage and pay for a qualified arborist to prune the tree within 60 days to remove one branch over the applicant’s dwelling.' 'Pruning must be conducted by a suitably qualified arborist (minimum AQF level 3) with all appropriate insurance.' "Works to be performed according to Safe Work Australia...