Rizotto v Drummond [2022] NSWLEC 1431

Rizotto v Drummond [2022] NSWLEC 1431

The Court found on the evidence that the Jacaranda tree posed a genuine and imminent risk of damage and injury, engaging s 10(2) of the Trees (Disputes Between Neighbours) Act 2006. Preventive orders, including removal of the tree and installation of a root barrier to limit bamboo encroachment, were appropriate to remedy and prevent future damage. Costs for the root barrier were to be shared, as attribution of current bamboo origin was inconclusive.

Jurisdiction
Australia
Judgment Date
19 August 2022
Procedural Posture
Trees (disputes Between Neighbours) – Class 1 / Final Determination and Orders
Outcome
Application granted with detailed remedial, preventive, and cost-sharing orders.
Legal Topics
['tree Disputes' 'neighbour Disputes' 'damage Prevention' 'root Incursion' 'injunctions']
['environmental Law' 'property Law'] ['tree Disputes' 'neighbour Disputes' 'damage Prevention' 'root Incursion' 'injunctions']

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Procedural Posture

Trees (disputes Between Neighbours) – Class 1 / Final Determination and Orders

Legal Issues

  1. 1 ['Whether the Jacaranda tree is likely to cause damage or injury in the near future under the Trees (Disputes Between Neighbours) Act 2006' "Whether bamboo from respondents' property is likely to cause damage to applicant's land and what preventive measures should be ordered" 'Jurisdictional and discretionary requirements under the Trees Act for making orders']

Ratio Decidendi

The Court found on the evidence that the Jacaranda tree posed a genuine and imminent risk of damage and injury, engaging s 10(2) of the Trees (Disputes Between Neighbours) Act 2006. Preventive orders, including removal of the tree and installation of a root barrier to limit bamboo encroachment, were appropriate to remedy and prevent future damage. Costs for the root barrier were to be shared, as attribution of current bamboo origin was inconclusive.

Court Disposition

Application granted with detailed remedial, preventive, and cost-sharing orders.

Orders

  • ['Respondents to remove Jacaranda tree via qualified arborist within 45 days.' 'Respondents to install continuous heavy plastic root barrier as specified within 60 days at their expense.' 'Both parties to obtain quotations for barrier works; costs apportioned based on cheapest qualified quote.' 'Respondents to...