Whyte v Jourdant & Anor [2009] NSWLEC 1030

Whyte v Jourdant & Anor [2009] NSWLEC 1030

The evidence established that the Flooded Gum has caused damage to Mrs Whyte’s property (clothesline) and is likely to cause injury, therefore it satisfies the statutory tests for removal. The Tallow-wood trees did not cause nor are likely to cause serious damage but dead wood in their crowns poses a risk of injury, justifying orders for pruning under the Act. No satisfactory or quantified basis for compensation was found.

Parties
Applicant: Colleen Whyte; Respondent: Grant Jourdant; Respondent: Catherine Jourdant
Jurisdiction
Australia
Judgment Date
03 February 2009
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Ex Tempore Judgment
Outcome
Application upheld in part
Legal Topics
Trees (disputes Between Neighbours) Act 2006, Tree Removal, Property Damage, Personal Injury
Environmental Law Trees (disputes Between Neighbours) Act 2006 Tree Removal Property Damage Personal Injury

Case Brief

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Parties

Colleen Whyte

Applicant

Grant Jourdant

Respondent

Catherine Jourdant

Respondent

Procedural Posture

Application Under Trees (disputes Between Neighbours) Act 2006 / Ex Tempore Judgment

Legal Issues

  1. 1 Whether trees caused or are likely to cause damage or injury under s 10(2) of the Act
  2. 2 Whether orders for removal or pruning are justified
  3. 3 Entitlement to compensation for alleged damage, stress, and property devaluation

Ratio Decidendi

The evidence established that the Flooded Gum has caused damage to Mrs Whyte’s property (clothesline) and is likely to cause injury, therefore it satisfies the statutory tests for removal. The Tallow-wood trees did not cause nor are likely to cause serious damage but dead wood in their crowns poses a risk of injury, justifying orders for pruning under the Act. No satisfactory or quantified basis for compensation was found.

Court Disposition

Application upheld in part

Orders

  • The Flooded Gum shall be removed to ground level and the stump poisoned by 30 April 2009 at the cost of Mr and Mrs Jourdant.
  • All dead wood larger than 20 mm in diameter shall be pruned from the two Tallow-wood trees by 30 April 2009 at the cost of Mr and Mrs Jourdant.