Webb v Milton [2024] NSWLEC 1851

Both the Jacaranda and Bougainvillea caused damage to the fence; applicant satisfied all jurisdictional requirements for orders under the Act; orders are appropriate to remedy the damage.

Parties: Applicant: Bruce Charles Webb; First Respondent: Edward Milton; Second Respondent: Gail Milton
Jurisdiction: Australia
Judgment Date: 05 August 2024
Procedural Posture: Trees (disputes Between Neighbours) Act 2006 Application / Final Hearing and Judgment
Outcome: Orders made for tree work and fence repair at respondents' expense
Legal Topics: Tree Disputes Between Neighbours, Damage to Boundary Fence, Jurisdiction Under Trees (disputes Between Neighbours) Act 2006

Property Law Environmental Law Tree Disputes Between Neighbours Damage to Boundary Fence Jurisdiction Under Trees (disputes Between Neighbours) Act 2006

Case Brief

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Parties

Bruce Charles Webb

Applicant

Edward Milton

First Respondent

Gail Milton

Second Respondent

Procedural Posture

Trees (disputes Between Neighbours) Act 2006 Application / Final Hearing and Judgment

Legal Issues

1 Whether the Jacaranda and Bougainvillea trees caused damage to the boundary fence
2 Whether the applicant made reasonable effort to reach agreement with the respondents prior to Court action
3 Whether the jurisdictional requirements under s 10 of the Trees (Disputes Between Neighbours) Act 2006 are satisfied

Ratio Decidendi

Both the Jacaranda and Bougainvillea caused damage to the fence; applicant satisfied all jurisdictional requirements for orders under the Act; orders are appropriate to remedy the damage.

Court Disposition

Orders made for tree work and fence repair at respondents' expense

Orders

Respondents to contract AQF level 3 arborists to remove Jacaranda branch leaning on fence.
Respondents/arborists to grind or excavate Bougainvillea stump to clear boundary.