Ellis v Moon [2008] NSWLEC 1144

Ellis v Moon [2008] NSWLEC 1144

The Plane tree has not caused damage, is unlikely to cause damage in the near future, and is unlikely to cause injury, so none of the tests in s 10(2)(a)-(b) of the Act are met; therefore, the application must be dismissed.

Parties
Applicant: Eric & Elaine Ellis; Respondent: G Moon
Jurisdiction
Australia
Judgment Date
01 April 2008
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Ex Tempore Judgment at Hearing
Outcome
application dismissed by agreement
Legal Topics
Tree Disputes, Neighbour Relations, Pruning of Trees, Property Damage
Property Law Environmental Law Tree Disputes Neighbour Relations Pruning of Trees Property Damage

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Parties

Eric & Elaine Ellis

Applicant

G Moon

Respondent

Procedural Posture

Application Under Trees (disputes Between Neighbours) Act 2006 / Ex Tempore Judgment at Hearing

Legal Issues

  1. 1 Has the tree caused or is it now causing damage?
  2. 2 Is the tree likely to cause damage in the near future?
  3. 3 Is the tree likely to cause injury?

Ratio Decidendi

The Plane tree has not caused damage, is unlikely to cause damage in the near future, and is unlikely to cause injury, so none of the tests in s 10(2)(a)-(b) of the Act are met; therefore, the application must be dismissed.

Court Disposition

application dismissed by agreement

Orders

  • The Plane tree will be pruned at least 1.8 m clear of the garage, carport and garden shed located in the backyard of Mr and Mrs Ellis' home, with prunings removed from their property.
  • The pruning will be done by an arborist holding AQF Level 3 qualifications or equivalent, selected by Mr Moon, with suitable insurances.