Lang v Huggett [2012] NSWLEC 1110

Lang v Huggett [2012] NSWLEC 1110

The likelihood of damage or injury from cones of the Bunya Pine falling in the near future (within 12 months) justifies mitigation orders but not removal; the risk from the Bangalow Palm is too minimal to warrant Court orders. The Court has jurisdiction as to the Bunya Pine under s 10(2) of the Act.

Jurisdiction
Australia
Judgment Date
27 April 2012
Procedural Posture
Tree Dispute (removal or Pruning of Trees) / Principal Judgment
Outcome
Application to remove trees dismissed; orders made for annual inspection and de-coning of the Bunya Pine with specified procedures and cost allocation.
Legal Topics
['tree Disputes' 'risk of Damage or Injury' 'jurisdiction Under Trees (disputes Between Neighbours) Act 2006' 'remedies: Removal, Pruning, Inspection']
['environmental Law' 'property Law'] ['tree Disputes' 'risk of Damage or Injury' 'jurisdiction Under Trees (disputes Between Neighbours) Act 2006' 'remedies: Removal, Pruning, Inspection']

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Procedural Posture

Tree Dispute (removal or Pruning of Trees) / Principal Judgment

Legal Issues

  1. 1 ['Whether the Court has jurisdiction to make orders regarding the trees under s 10(2) of the Trees (Disputes Between Neighbours) Act 2006' 'Whether the Bunya Pine or Bangalow Palm is likely to cause damage or injury justifying removal or mitigation orders' 'What appropriate orders (if any) should be made to mitigate risk']

Ratio Decidendi

The likelihood of damage or injury from cones of the Bunya Pine falling in the near future (within 12 months) justifies mitigation orders but not removal; the risk from the Bangalow Palm is too minimal to warrant Court orders. The Court has jurisdiction as to the Bunya Pine under s 10(2) of the Act.

Court Disposition

Application to remove trees dismissed; orders made for annual inspection and de-coning of the Bunya Pine with specified procedures and cost allocation.

Orders

  • ['The application to remove the trees is dismissed.' 'During the month of December every year, beginning 2012, the respondent is to engage and pay for an arborist (minimum AQF Level 3) with all appropriate insurances to conduct a climbing inspection of the Bunya Pine. During that inspection any cones greater than...