Grigoris v Catholic Education Department [2009] NSWLEC 1293

Grigoris v Catholic Education Department [2009] NSWLEC 1293

The Callitris sp. and Cupressus sempervirens did not satisfy the tests in s 10(2), so pruning was refused. The Eucalyptus tereticornis had caused damage to the southern-most metal fence panel, the concrete infill and the nearest brick, and contained dead wood and at least one hanging branch capable of causing damage...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
28 August 2009
Procedural Posture
Application Pursuant to S 7 of the Trees (disputes Between Neighbours) Act 2006 / Ex Tempore Judgment
Outcome
Application allowed in part; removal of the Eucalyptus tereticornis refused, pruning of the Callitris sp. and Cupressus sempervirens refused, and limited pruning and repair works ordered at the respondent's expense.
Legal Topics
['removal of Tree' 'pruning of Overhanging Branches' 'property Damage by Tree Roots' 'compensation for Damage to Property' 'costs Jurisdiction']
['trees Disputes' 'land and Environment'] ['removal of Tree' 'pruning of Overhanging Branches' 'property Damage by Tree Roots' 'compensation for Damage to Property' 'costs Jurisdiction']

Source-derived case record

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether a mature Eucalyptus tereticornis should be removed because it caused, is causing, or is likely in the near future to cause damage to the applicant's property or injury to persons." 'Whether overhanging branches of a Cupressus sempervirens and a Callitris sp. should be pruned.' 'Whether the applicant should receive compensation for repair of damage to fencing, concrete infill and a brick wall.' 'Whether the Court could award the applicant the costs of making the application.']

Ratio Decidendi

The Callitris sp. and Cupressus sempervirens did not satisfy the tests in s 10(2), so pruning was refused. The Eucalyptus tereticornis had caused damage to the southern-most metal fence panel, the concrete infill and the nearest brick, and contained dead wood and at least one hanging branch capable of causing damage or injury, so s 10(2) was satisfied for that tree; however, given the tree's amenity, ecological and public value and the nature of the damage, removal was refused and limited pruning and repair works were ordered.

Court Disposition

Application allowed in part; removal of the Eucalyptus tereticornis refused, pruning of the Callitris sp. and Cupressus sempervirens refused, and limited pruning and repair works ordered at the respondent's expense.

Orders

  • ['The application to remove the tree is refused.' 'All dead wood down to 30 mm in diameter is to be removed from the tree, as are all hanging branches.' 'The weakly attached branch on the lopped stub growing towards the school on the north-eastern side of the tree is to be removed. If, in the opinion of the arborist...