Fok v Leverett & anor [2016] NSWLEC 1499

Fok v Leverett & anor [2016] NSWLEC 1499

Tree 1 caused damage to the applicant's property during a severe storm, satisfying statutory requirements for orders; pruning orders are appropriate to prevent further possible injury and to minimise risk. Tree 2 has not caused, and is not likely to cause, damage or injury; therefore, no orders can be made in relation to Tree 2 as jurisdictional requirements are not satisfied.

Jurisdiction
Australia
Judgment Date
24 October 2016
Procedural Posture
Class 2 / Decision on Merits After Hearing
Outcome
Application upheld in part: Pruning orders made for Tree 1; no orders for Tree 2.
Legal Topics
['tree Disputes' 'damage to Property' 'orders for Pruning' 'jurisdiction Under Trees (disputes Between Neighbours) Act 2006']
['environmental Law'] ['tree Disputes' 'damage to Property' 'orders for Pruning' 'jurisdiction Under Trees (disputes Between Neighbours) Act 2006']

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Procedural Posture

Class 2 / Decision on Merits After Hearing

Legal Issues

  1. 1 ["Whether Tree 1 caused damage to the applicant's property and whether orders are required to prevent further damage or injury" "Whether Tree 2 posed a risk of damage or injury sufficient to enliven the Court's jurisdiction under the Trees (Disputes Between Neighbours) Act 2006"]

Ratio Decidendi

Tree 1 caused damage to the applicant's property during a severe storm, satisfying statutory requirements for orders; pruning orders are appropriate to prevent further possible injury and to minimise risk. Tree 2 has not caused, and is not likely to cause, damage or injury; therefore, no orders can be made in relation to Tree 2 as jurisdictional requirements are not satisfied.

Court Disposition

Application upheld in part: Pruning orders made for Tree 1; no orders for Tree 2.

Orders

  • ["Within three months, respondents to engage at their cost a suitably qualified arborist to prune Tree 1, removing all deadwood greater than 20 mm diameter in the southern half of the crown, removing any hazardous limbs in the southern half, and reducing limbs overhanging the applicant's property, removing no more...