Gainsford v Reid [2008] NSWLEC 1514

Gainsford v Reid [2008] NSWLEC 1514

The Court upheld the application in part because only conifer trees No 3 and No 6 were dead, unstable in the ground, and likely to cause damage to the boundary fence or the applicant's property in the near future, possibly bringing down the power supply to his house. The other conifer trees, the Jacaranda and the Silky Oak did not satisfy the statutory tests, so no orders could be made about them.

Jurisdiction
Australia
Judgment Date
09 December 2008
Procedural Posture
Application Under the Trees (disputes Between Neighbours) Act 2006 / Ex Tempore Judgment
Outcome
Application upheld in part.
Legal Topics
['removal of Dead Trees' 'property Damage From Trees' 'pruning of Overhanging Branches']
['trees Disputes Between Neighbours' 'property Law'] ['removal of Dead Trees' 'property Damage From Trees' 'pruning of Overhanging Branches']

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether any of the trees had caused damage, were causing damage, were likely in the near future to cause damage to the applicant's property, or were likely to cause injury to any person under s 10(2)(a) and (b) of the Trees (Disputes Between Neighbours) Act 2006." "Whether orders should be made for removal or pruning of trees on the respondent's property."]

Ratio Decidendi

The Court upheld the application in part because only conifer trees No 3 and No 6 were dead, unstable in the ground, and likely to cause damage to the boundary fence or the applicant's property in the near future, possibly bringing down the power supply to his house. The other conifer trees, the Jacaranda and the Silky Oak did not satisfy the statutory tests, so no orders could be made about them.

Court Disposition

Application upheld in part.

Orders

  • ['Ms Reid shall remove to ground level the two dead conifer trees, Trees No 3 and 6, in the front yard, by 28 February 2009, at her cost.']