Teasdale v F Tohme as the executrix of the estate of the late Mehsen Tohme & anor [2011] NSWLEC 1032

Teasdale v F Tohme as the executrix of the estate of the late Mehsen Tohme & anor [2011] NSWLEC 1032

Jurisdiction was not satisfied for two trees as no damage or injury was found or likely; for the second Turpentine, two branches and dead wood posed likely risk of injury and thus orders for pruning were appropriate.

Jurisdiction
Australia
Judgment Date
15 February 2011
Procedural Posture
Tree Dispute / Final Judgment
Outcome
Applications relating to the more southerly of the two Turpentines and the Angophora costata were dismissed. Orders made for pruning two branches and dead wood from the second Turpentine by an AQF level 3 arborist, at respondent’s cost, within three months.
Legal Topics
['tree Disputes Between Neighbours' 'pruning Orders' 'jurisdictional Tests' 'cost Responsibility']
['property Law' 'environmental Law'] ['tree Disputes Between Neighbours' 'pruning Orders' 'jurisdictional Tests' 'cost Responsibility']

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Procedural Posture

Tree Dispute / Final Judgment

Legal Issues

  1. 1 ['Whether the trees satisfy jurisdictional tests under s 10(2) of the Trees (Disputes Between Neighbours) Act 2006' 'Whether damage or injury is caused or likely to be caused by the trees' 'Appropriate remedial orders']

Ratio Decidendi

Jurisdiction was not satisfied for two trees as no damage or injury was found or likely; for the second Turpentine, two branches and dead wood posed likely risk of injury and thus orders for pruning were appropriate.

Court Disposition

Applications relating to the more southerly of the two Turpentines and the Angophora costata were dismissed. Orders made for pruning two branches and dead wood from the second Turpentine by an AQF level 3 arborist, at respondent’s cost, within three months.

Orders

  • ['The applications with respect to the more southerly of the two Turpentines and the Angophora costata are dismissed.' 'The two branches shown in the marked digital photographs appended as Appendices A and B are to be pruned to the point marked.' 'Pruning to be carried out by an AQF level 3 arborist with appropriate...