Standen & anor v Reveley & anor [2013] NSWLEC 1265

Standen & anor v Reveley & anor [2013] NSWLEC 1265

Although the tree has caused minor damage that enlivens jurisdiction, compensation is not ordered due to the age and pre-existing condition of the driveway and sewer pipe. Risk of injury from falling branches justifies an order for annual pruning of the tree by a qualified arborist.

Jurisdiction
Australia
Judgment Date
19 March 2013
Procedural Posture
Trees (disputes Between Neighbours) Act 2006 Application / Judgment Following Hearing
Outcome
Orders for pruning the gum tree; no compensation or removal ordered
Legal Topics
['trees (disputes Between Neighbours)' 'damage to Property' 'injury Risk' 'compensation' 'orders for Pruning']
['environmental Law' 'property Law'] ['trees (disputes Between Neighbours)' 'damage to Property' 'injury Risk' 'compensation' 'orders for Pruning']

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether the gum tree caused, is causing, or is likely to cause damage to the applicants' property or injury to any person." 'Whether orders should be made regarding removal, pruning or compensation for damage allegedly caused by the tree.']

Ratio Decidendi

Although the tree has caused minor damage that enlivens jurisdiction, compensation is not ordered due to the age and pre-existing condition of the driveway and sewer pipe. Risk of injury from falling branches justifies an order for annual pruning of the tree by a qualified arborist.

Court Disposition

Orders for pruning the gum tree; no compensation or removal ordered

Orders

  • ['Respondents to engage at their cost a suitably qualified arborist (minimum AQF level 3) to prune the gum tree within 60 days and annually thereafter, to remove deadwood greater than 30mm diameter, reduce any overextended limbs (removing no more than 15% live crown mass), and remove any hazardous limbs as...