Anstey v Amon [2019] NSWLEC 1503

Anstey v Amon [2019] NSWLEC 1503

Only damage to the fence and television antenna was established with sufficient evidence as caused by the respondent's tree; removal of the tree would be disproportionate given the minor nature of the substantiated damage; orders are limited to pruning and partial compensation for antenna repairs.

Jurisdiction
Australia
Judgment Date
17 October 2019
Procedural Posture
Trees (disputes Between Neighbours) Act Application / Final Judgment
Outcome
Orders made for pruning of tree and limited compensation; claims for removal of tree and broader compensation refused.
Legal Topics
['tree Disputes' 'damage to Property' 'compensation' 'pruning Orders']
['environmental Law' 'property Law'] ['tree Disputes' 'damage to Property' 'compensation' 'pruning Orders']

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Procedural Posture

Trees (disputes Between Neighbours) Act Application / Final Judgment

Legal Issues

  1. 1 ["Whether the respondent's tree caused or is likely to cause damage to the applicant's property or injury" 'What compensatory or remedial orders are appropriate under the Trees (Disputes Between Neighbours) Act 2006 (NSW)']

Ratio Decidendi

Only damage to the fence and television antenna was established with sufficient evidence as caused by the respondent's tree; removal of the tree would be disproportionate given the minor nature of the substantiated damage; orders are limited to pruning and partial compensation for antenna repairs.

Court Disposition

Orders made for pruning of tree and limited compensation; claims for removal of tree and broader compensation refused.

Orders

  • ["Within 60 days, the respondent must engage and pay for a qualified arborist to prune the Bangalay to remove branches within 2 metres of the applicant's television antenna." "Pruning must be carried out in accordance with AS4373:2007 'Pruning of amenity trees' and 2016 Safe Work Australia 'Guide to managing risks...