Pearce v Karpathakis [2024] NSWLEC 1665

Pearce v Karpathakis [2024] NSWLEC 1665

The tree has caused damage to the dividing fence and stormwater pipes on the applicant's property. The tree is likely to cause further damage if not removed. The Court is satisfied the applicant made reasonable efforts to resolve the issue and that relevant notice and consents were provided. Orders for the removal of the tree, repair/replacement of the fence, and planting of a new tree are appropriate. No compensation is ordered for alleged foundation or turf damage due to insufficient evidence.

Parties
Applicant: Dean Pearce; First Respondent: George Karpathakis; Second Respondent: Gail Karpathakis
Jurisdiction
Australia
Judgment Date
15 October 2024
Procedural Posture
Trees (disputes Between Neighbours) Application / Principal Judgment
Outcome
Application granted to the extent of specific orders
Legal Topics
Tree Disputes Between Neighbours, Damage to Property From Trees, Orders for Removal of Trees, Dividing Fences
Property Law Environmental Law Tree Disputes Between Neighbours Damage to Property From Trees Orders for Removal of Trees Dividing Fences

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Parties

Dean Pearce

Applicant

George Karpathakis

First Respondent

Gail Karpathakis

Second Respondent

Procedural Posture

Trees (disputes Between Neighbours) Application / Principal Judgment

Legal Issues

  1. 1 Whether the neighbouring tree caused damage to the applicant's property
  2. 2 Whether compensation should be paid for damage or removal
  3. 3 Appropriate orders under the Trees (Disputes Between Neighbours) Act 2006

Ratio Decidendi

The tree has caused damage to the dividing fence and stormwater pipes on the applicant's property. The tree is likely to cause further damage if not removed. The Court is satisfied the applicant made reasonable efforts to resolve the issue and that relevant notice and consents were provided. Orders for the removal of the tree, repair/replacement of the fence, and planting of a new tree are appropriate. No compensation is ordered for alleged foundation or turf damage due to insufficient evidence.

Court Disposition

Application granted to the extent of specific orders

Orders

  • Respondents to engage and pay for a qualified arborist to remove the tree to near ground level within 60 days, in accordance with Safe Work Australia (2016) 'Guide to managing risks of tree trimming and removal work'.
  • Respondents to give applicant one week's notice of the works for tree removal.