McKenzie v Harrison [2010] NSWLEC 1117

McKenzie v Harrison [2010] NSWLEC 1117

Because the tree was large, dead and deteriorating, had overhanging branches near likely target areas, and was affected by disease, it was likely to cause injury to persons and could cause damage to property; the statutory tests were satisfied and the Court ordered its removal.

Jurisdiction
Australia
Judgment Date
19 May 2010
Procedural Posture
Application Pursuant to S 7 of the Trees (disputes Between Neighbours) Act 2006 / Ex Tempore Judgment After on Site Hearing
Outcome
Application upheld; respondent ordered to remove the tree.
Legal Topics
['dead Tree Removal' 'risk of Injury to Persons' 'potential Damage to Property' 'overhanging Branches']
['trees (neighbours) Disputes'] ['dead Tree Removal' 'risk of Injury to Persons' 'potential Damage to Property' 'overhanging Branches']

Case Brief

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Procedural Posture

Application Pursuant to S 7 of the Trees (disputes Between Neighbours) Act 2006 / Ex Tempore Judgment After on Site Hearing

Legal Issues

  1. 1 ["Whether the dead tree was likely in the near future to cause damage to the applicant's property or likely to cause injury to any person." 'Whether the Court should order removal of the tree under the Trees (Disputes Between Neighbours) Act 2006.']

Ratio Decidendi

Because the tree was large, dead and deteriorating, had overhanging branches near likely target areas, and was affected by disease, it was likely to cause injury to persons and could cause damage to property; the statutory tests were satisfied and the Court ordered its removal.

Court Disposition

Application upheld; respondent ordered to remove the tree.

Orders

  • ['The application to remove the tree is upheld.' 'The respondent is to engage and pay for an AQF level 3 arborist to remove the tree within 30 days of the date of these orders.' 'The work is to be carried out in accordance with the WorkCover Code of Practice for the Amenity Tree Industry.' 'The applicant is to...