Lally v Grubisa [2022] NSWLEC 1279

Lally v Grubisa [2022] NSWLEC 1279

The Liquidambar tree is a major cause of the wall and paving damage. Extensive root pruning required to mitigate this would compromise the tree's stability and increase the risk of injury from branch shedding; accordingly, removal is ordered at the respondents' expense, in accordance with the Trees Act jurisdiction and relevant discretionary considerations.

Jurisdiction
Australia
Judgment Date
07 June 2022
Procedural Posture
Tree/neighbour Dispute (class 2 Proceeding) / Final Judgment and Orders
Outcome
Orders made for poisoning and removal of the tree at respondents' expense; work to be completed by qualified arborists; access requirements set; applicant responsible for wall and paving repairs.
Legal Topics
['tree Disputes Between Neighbours' 'damage to Property by Trees' 'risk of Injury From Trees' 'remedies Under Trees (disputes Between Neighbours) Act 2006']
['environmental Law' 'property Law'] ['tree Disputes Between Neighbours' 'damage to Property by Trees' 'risk of Injury From Trees' 'remedies Under Trees (disputes Between Neighbours) Act 2006']

Case Brief

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Procedural Posture

Tree/neighbour Dispute (class 2 Proceeding) / Final Judgment and Orders

Legal Issues

  1. 1 ['Whether the tree is causing or likely to cause property damage or injury' 'Whether orders should be made for the removal of the tree' 'Responsibility for cost of removal and repair']

Ratio Decidendi

The Liquidambar tree is a major cause of the wall and paving damage. Extensive root pruning required to mitigate this would compromise the tree's stability and increase the risk of injury from branch shedding; accordingly, removal is ordered at the respondents' expense, in accordance with the Trees Act jurisdiction and relevant discretionary considerations.

Court Disposition

Orders made for poisoning and removal of the tree at respondents' expense; work to be completed by qualified arborists; access requirements set; applicant responsible for wall and paving repairs.

Orders

  • ["By 31 October 2022, the tree shall be poisoned and removed at the respondents' expense, including grinding of the stump to a depth of at least 300mm. The respondents shall organise appropriate contractors." 'All tree work is to be completed by qualified arborists (minimum AQF level 3) with all appropriate...