Tavares v Pikoulas & anor [2016] NSWLEC 1207

The requirements under s10(2) of the Act were met as the tree is likely, if deadwood were to fall, to cause injury to a person on the applicant's property, justifying orders for pruning.

Jurisdiction: Australia
Judgment Date: 06 May 2016
Procedural Posture: Tree Dispute (class 2) / Decision on Application
Outcome: Application upheld in part. Pruning of deadwood and maintenance ordered; broader pruning request dismissed.
Legal Topics: ['trees (disputes Between Neighbours)' 'pruning' 'injury' 'deadwood Removal']

['environmental Law'] ['trees (disputes Between Neighbours)' 'pruning' 'injury' 'deadwood Removal']

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Procedural Posture

Tree Dispute (class 2) / Decision on Application

Legal Issues

1 ["Whether the Spotted Gum tree on the respondents' property is likely to cause injury to a person on the applicant's property" 'Whether orders should be made for the pruning or removal of parts of the tree under the Trees (Disputes Between Neighbours) Act 2006']

Ratio Decidendi

The requirements under s10(2) of the Act were met as the tree is likely, if deadwood were to fall, to cause injury to a person on the applicant's property, justifying orders for pruning.

Court Disposition

Application upheld in part. Pruning of deadwood and maintenance ordered; broader pruning request dismissed.

Orders

['The application to prune the Spotted Gum in accordance with the recommendations in the Arboricultural Assessment report prepared by NSW Tree Services (dated 8 December 2015) is dismissed.' "Within 60 days, the respondents must engage and pay for an AQF Level 3 Arborist to remove all deadwood with a diameter...