Sayigh v Rallis [2024] NSWLEC 1666

Sayigh v Rallis [2024] NSWLEC 1666

The Court was satisfied the tree had caused damage, was likely to cause injury or further damage, and that the applicant had made reasonable efforts to resolve the matter. Removal of the tree and payment of compensation were appropriate under ss 9 and 10 of the Trees (Disputes Between Neighbours) Act 2006. Orders reflecting council conditions for replacement planting were also considered appropriate.

Parties
Applicant: Elias Sayigh; First Respondent: Christina Rallis; Second Respondent: Sam Ross Perre
Jurisdiction
Australia
Judgment Date
15 October 2024
Procedural Posture
Neighbourhood Tree Dispute / Principal Judgment
Outcome
Application granted in part; orders made for tree removal, compensation, and replacement planting.
Legal Topics
Trees (disputes Between Neighbours), Tree Removal, Compensation, Neighbour Disputes
Property Environmental Trees (disputes Between Neighbours) Tree Removal Compensation Neighbour Disputes

Case Brief

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Parties

Elias Sayigh

Applicant

Christina Rallis

First Respondent

Sam Ross Perre

Second Respondent

Procedural Posture

Neighbourhood Tree Dispute / Principal Judgment

Legal Issues

  1. 1 Whether the tree caused damage to the applicant's property
  2. 2 Whether the tree is likely to cause further damage or injury
  3. 3 Whether removal is justified and the proper scope of compensation

Ratio Decidendi

The Court was satisfied the tree had caused damage, was likely to cause injury or further damage, and that the applicant had made reasonable efforts to resolve the matter. Removal of the tree and payment of compensation were appropriate under ss 9 and 10 of the Trees (Disputes Between Neighbours) Act 2006. Orders reflecting council conditions for replacement planting were also considered appropriate.

Court Disposition

Application granted in part; orders made for tree removal, compensation, and replacement planting.

Orders

  • The respondents shall remove the tree the subject of these proceedings within 28 days of the making of these orders in accordance with tree removal permit TA2024/0293.
  • Tree removal works to be done by a suitably qualified and experienced arborist (minimum AQF level 3), with all appropriate insurances, in accordance with Safe Work Australia (2016) 'Guide to managing risks of tree trimming and removal work'.