Gough v O’Sullivan [2009] NSWLEC 1341
There is insufficient evidence that the trees are likely to cause damage or injury in the near future; small branches falling in very windy conditions is not abnormal, and the risk or likelihood of injury is low. The respondent has taken steps to minimise harm and the section of tree overhanging the applicant's property appears structurally sound.
- Parties
- Applicant: Beverley Gough; Respondent: Maureen O'Sullivan
- Jurisdiction
- Australia
- Judgment Date
- 08 October 2009
- Procedural Posture
- Tree Dispute Application / Judgment
- Outcome
- application dismissed
- Legal Topics
- Trees on Neighbouring Land, Risk of Injury From Tree Branches, Compensation and Orders Under Trees (disputes Between Neighbours) Act 2006
Case Brief
Summary, issues, holding and outcome
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Parties
Beverley Gough
Applicant
Maureen O'Sullivan
Respondent
Procedural Posture
Tree Dispute Application / Judgment
Legal Issues
- 1 Whether the trees on the respondent's property pose a risk of injury or damage to the applicant's property
- 2 Whether an order for removal of the trees should be made under the Trees (Disputes Between Neighbours) Act 2006
Ratio Decidendi
There is insufficient evidence that the trees are likely to cause damage or injury in the near future; small branches falling in very windy conditions is not abnormal, and the risk or likelihood of injury is low. The respondent has taken steps to minimise harm and the section of tree overhanging the applicant's property appears structurally sound.
Court Disposition
application dismissed
Orders
- The application to remove the trees is dismissed.
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