Jones v Cavaliere [2021] NSWLEC 1186

Jones v Cavaliere [2021] NSWLEC 1186

The tree has caused damage to the applicants' fence, and its continued presence is likely to cause further damage. Removal is reasonable given the species' declining health and anticipated future hazards; the orders for removal are granted accordingly.

Jurisdiction
Australia
Judgment Date
15 April 2021
Procedural Posture
Tree Dispute / Final Orders
Outcome
Application granted
Legal Topics
['trees (disputes Between Neighbours)' 'damage to Property' 'tree Removal']
['property' 'environmental Law'] ['trees (disputes Between Neighbours)' 'damage to Property' 'tree Removal']

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Procedural Posture

Tree Dispute / Final Orders

Legal Issues

  1. 1 ["Whether the tree on the respondent's property has damaged the applicants' fence" 'Whether it is reasonable to order removal of the tree']

Ratio Decidendi

The tree has caused damage to the applicants' fence, and its continued presence is likely to cause further damage. Removal is reasonable given the species' declining health and anticipated future hazards; the orders for removal are granted accordingly.

Court Disposition

Application granted

Orders

  • ["Within four months the respondent is to engage and pay for a suitably qualified arborist (minimum AQF level 3), with all appropriate insurances, to remove the tree to no more than 60 cm above ground level, works to be done in accordance with the 2016 Safe Work Australia 'Guide to managing risks of tree trimming...