Dewar v Dafville Pty Ltd [2020] NSWLEC 1066

Dewar v Dafville Pty Ltd [2020] NSWLEC 1066

The court was satisfied, based on direct observation and the evidence that the subject tree was in such poor and dangerous condition that it was likely to damage the applicants' property. Removal was necessary and there was no practical alternative; jurisdictional test under s 10(2)(a) of the Trees Act was met, and accordingly, tree removal was ordered.

Jurisdiction
Australia
Judgment Date
13 February 2020
Procedural Posture
Tree Dispute (class 2) / Final Orders After Ex Parte Hearing
Outcome
Application granted
Legal Topics
['trees (disputes Between Neighbours)' 'tree Removal' 'damage Prevention' 'ex Parte Proceedings']
['environmental Law' 'property Law'] ['trees (disputes Between Neighbours)' 'tree Removal' 'damage Prevention' 'ex Parte Proceedings']

Case Brief

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Procedural Posture

Tree Dispute (class 2) / Final Orders After Ex Parte Hearing

Legal Issues

  1. 1 ["Whether the tree on the respondent's property is likely to cause damage to the applicants' property" 'Whether removal of the tree is necessary and appropriate under s 10(2)(a) of the Trees (Disputes Between Neighbours Act) 2006 (NSW)']

Ratio Decidendi

The court was satisfied, based on direct observation and the evidence that the subject tree was in such poor and dangerous condition that it was likely to damage the applicants' property. Removal was necessary and there was no practical alternative; jurisdictional test under s 10(2)(a) of the Trees Act was met, and accordingly, tree removal was ordered.

Court Disposition

Application granted

Orders

  • ['The application is granted.' 'Within 30 days, the respondent is to engage and pay for a suitably qualified arborist (minimum AQF level 3) with all appropriate insurances to remove the tree subject of the application to no more than one metre above ground level.' 'Works must be carried out in accordance with the...