Gough v O’Sullivan [2009] NSWLEC 1027

Gough v O’Sullivan [2009] NSWLEC 1027

The trees do not satisfy the tests of causing or likely to cause property damage under s 10(2)(a), but falling branches are likely to cause injury to persons under s 10(2)(b), warranting partial intervention with respect to health, safety, and pruning of deadwood.

Jurisdiction
Australia
Judgment Date
15 January 2009
Procedural Posture
Application Under the Trees (disputes Between Neighbours) Act 2006 / Ex Tempore Judgment
Outcome
Application upheld in part
Legal Topics
['trees (neighbours)' 'removal of Trees' 'risk of Injury' 'damage to Property']
['property' 'environmental Law'] ['trees (neighbours)' 'removal of Trees' 'risk of Injury' 'damage to Property']

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Procedural Posture

Application Under the Trees (disputes Between Neighbours) Act 2006 / Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether the removal of two trees is warranted due to risk of injury to persons and damage to property']

Ratio Decidendi

The trees do not satisfy the tests of causing or likely to cause property damage under s 10(2)(a), but falling branches are likely to cause injury to persons under s 10(2)(b), warranting partial intervention with respect to health, safety, and pruning of deadwood.

Court Disposition

Application upheld in part

Orders

  • ['The two trees to be inspected by an AQF level 5 arborist for health, safety, and structural stability, report completed by 30 April 2009 and provided to Mrs Gough.' 'All dead wood >20 mm diameter to be pruned by 30 April 2009 and at periods no more than five years until 2020 by AQF level 3 arborist in accordance...