Chu v Dalamagas [2023] NSWLEC 1202

Chu v Dalamagas [2023] NSWLEC 1202

The tree is principally situated on the respondents’ land and has caused damage to the fence and concrete slabs on the applicant’s property, engaging s 10(2) of the Trees (Disputes Between Neighbours) Act 2006. Removal of the tree is the only viable option to remedy damage, and costs for removal and fence repair should be borne by the respondents, with costs for concrete slab repair apportioned equally. Pruning or removal of overhanging branches alone does not address the root-caused damage; ordinary maintenance issues and nuisance from leaves are not actionable under the Act.

Jurisdiction
Australia
Judgment Date
02 May 2023
Procedural Posture
Class 2 Tree Dispute / Final Orders After Hearing and Amendment of Application
Outcome
Application granted in part; tree removal ordered; costs for works apportioned as per orders.
Legal Topics
['tree Disputes Between Neighbours' 'damage to Property' 'remedies for Tree Caused Damage']
['property Law' 'environmental Law'] ['tree Disputes Between Neighbours' 'damage to Property' 'remedies for Tree Caused Damage']

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Procedural Posture

Class 2 Tree Dispute / Final Orders After Hearing and Amendment of Application

Legal Issues

  1. 1 ["Whether the tree on the respondents' land caused, is causing, or is likely to cause damage to the applicant's property" 'Whether removal or pruning of the tree is appropriate under the Trees (Disputes Between Neighbours) Act 2006' 'Apportionment of costs for rectification works']

Ratio Decidendi

The tree is principally situated on the respondents’ land and has caused damage to the fence and concrete slabs on the applicant’s property, engaging s 10(2) of the Trees (Disputes Between Neighbours) Act 2006. Removal of the tree is the only viable option to remedy damage, and costs for removal and fence repair should be borne by the respondents, with costs for concrete slab repair apportioned equally. Pruning or removal of overhanging branches alone does not address the root-caused damage; ordinary maintenance issues and nuisance from leaves are not actionable under the Act.

Court Disposition

Application granted in part; tree removal ordered; costs for works apportioned as per orders.

Orders

  • ['Within 30 days, respondents to employ qualified arborists to poison the Camphor Laurel tree using frill ring herbicide application.' 'Within 40 days, applicant to remove three damaged concrete slabs; cost to be apportioned equally after exchange of quotations and provision of paid invoice.' 'Respondents to...