Allan v Ward [2024] NSWLEC 1384

Allan v Ward [2024] NSWLEC 1384

The applicants satisfied the statutory requirements under the Trees (Disputes Between Neighbours) Act 2006 (NSW) for an order for removal of the dead tree, as it posed a risk of damage or injury, and no sufficient evidence showed the applicants' actions caused the tree's death. The respondent was therefore ordered to remove the tree and bear the costs.

Jurisdiction
Australia
Judgment Date
25 June 2024
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 (nsw) / Final Determination Following Hearing and Notice of Motion
Outcome
Orders made granting application for removal of tree; respondent to arrange and pay for removal and replacement plantings within specified periods.
Legal Topics
['trees (disputes Between Neighbours)' 'removal of Dangerous Trees' 'responsibility for Costs' 'risk of Property Damage and Injury']
['environmental Law' 'civil Procedure'] ['trees (disputes Between Neighbours)' 'removal of Dangerous Trees' 'responsibility for Costs' 'risk of Property Damage and Injury']

Case Brief

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Procedural Posture

Application Under Trees (disputes Between Neighbours) Act 2006 (nsw) / Final Determination Following Hearing and Notice of Motion

Legal Issues

  1. 1 ["Whether the tree on the respondent's land is likely to cause damage to the applicants' property or injury to persons" 'Whether the applicants made reasonable effort to reach agreement with the respondent' 'Who should bear the cost of tree removal' 'Whether short-term mitigation or complete removal is appropriate' 'Whether applicant contributed to the death of the tree']

Ratio Decidendi

The applicants satisfied the statutory requirements under the Trees (Disputes Between Neighbours) Act 2006 (NSW) for an order for removal of the dead tree, as it posed a risk of damage or injury, and no sufficient evidence showed the applicants' actions caused the tree's death. The respondent was therefore ordered to remove the tree and bear the costs.

Court Disposition

Orders made granting application for removal of tree; respondent to arrange and pay for removal and replacement plantings within specified periods.

Orders

  • ['The application to remove the tree is granted.' 'The respondent is to engage and pay for a suitably qualified and experienced arborist (minimum AQF level 3) with appropriate insurances to remove the tree to ground level by 17 September 2024, in accordance with the Safe Work Australia (2016) Guide to managing risks...