Marks v Perham [2020] NSWLEC 1057

Marks v Perham [2020] NSWLEC 1057

Branches are likely to fall from both T5 and T7 within the near future, presenting risk of damage or injury; orders are warranted to prune T5 and remove T7 to prevent such risk, as per provisions of the Trees Act and relevant case law.

Parties
First Applicant: Aidan Austin Marks; Second Applicant: Ryan Mitchell Swanson; Respondent: Benjamin William John Perham
Jurisdiction
Australia
Judgment Date
17 January 2020
Procedural Posture
Tree Dispute / Final Orders
Outcome
Orders granted for pruning T5 and removing T7; respondent to engage and pay for qualified arborist; notice and access provisions specified.
Legal Topics
Trees (disputes Between Neighbours), Risk of Damage or Injury, Tree Pruning and Removal
Property Law Trees (disputes Between Neighbours) Risk of Damage or Injury Tree Pruning and Removal

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Parties

Aidan Austin Marks

First Applicant

Ryan Mitchell Swanson

Second Applicant

Benjamin William John Perham

Respondent

Procedural Posture

Tree Dispute / Final Orders

Legal Issues

  1. 1 Whether the trees are likely to cause damage to the applicants' property or injury to a person within the near future
  2. 2 Whether the applicants contributed to the poor condition of the trees
  3. 3 Appropriate orders to prevent damage or injury

Ratio Decidendi

Branches are likely to fall from both T5 and T7 within the near future, presenting risk of damage or injury; orders are warranted to prune T5 and remove T7 to prevent such risk, as per provisions of the Trees Act and relevant case law.

Court Disposition

Orders granted for pruning T5 and removing T7; respondent to engage and pay for qualified arborist; notice and access provisions specified.

Orders

  • Within 60 days from the date of the orders, the respondent must engage and pay for a suitably qualified arborist (minimum AQF level 3) with appropriate insurances to prune T5 to remove the dead eastern half of the crown.
  • Within 60 days from the date of the orders, the respondent must engage and pay for a suitably qualified arborist (minimum AQF level 3) with appropriate insurances to remove T7 to no more than 200 mm above ground level.