Bentley v Hinchen & anor [2014] NSWLEC 1209

Bentley v Hinchen & anor [2014] NSWLEC 1209

Given the further damage from falling limbs and effects of root/stem growth, the jurisdictional test under the Act is satisfied; however, as the tree remains healthy and structurally sound, removal is not justified. Appropriate relief is orders for pruning, continued deadwood removal, notification requirements, and...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
14 October 2014
Procedural Posture
Class 2 / Hearing and Judgment
Outcome
Application upheld in part.
Legal Topics
['damage to Property' 'pruning Orders' 'compensation' 'neighbour Disputes']
['trees (disputes Between Neighbours)' 'property Law'] ['damage to Property' 'pruning Orders' 'compensation' 'neighbour Disputes']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 2 / Hearing and Judgment

Legal Issues

  1. 1 ["Whether further orders should be made for pruning or removal of the respondents' tree under the Trees (Disputes Between Neighbours) Act 2006" 'Whether compensation should be ordered for property damage since previous proceedings']

Ratio Decidendi

Given the further damage from falling limbs and effects of root/stem growth, the jurisdictional test under the Act is satisfied; however, as the tree remains healthy and structurally sound, removal is not justified. Appropriate relief is orders for pruning, continued deadwood removal, notification requirements, and reasonable compensation for specific property repairs.

Court Disposition

Application upheld in part.

Orders

  • ["Respondents to engage and pay for a qualified arborist to prune four longest limbs above applicant's property by 14 December 2014." 'Respondents to continue regular deadwood removal per previous orders (30mm diameter and above) at intervals not exceeding 12 months, by qualified arborists.' "Respondents must...