Umlil v Smith [2020] NSWLEC 1161

Umlil v Smith [2020] NSWLEC 1161

The tree is principally on the respondents' land, enabling the application. Minor damage (uneven paving) is attributable to the tree, but no evidence of further or serious damage or likely injury. Removal is not required; prudent pruning will adequately manage risk. Costs for required pruning are to be shared due to shared ownership.

Jurisdiction
Australia
Judgment Date
19 March 2020
Procedural Posture
Trees (disputes Between Neighbours) – Class 2 / Principal Judgment – Final Orders
Outcome
Tree removal refused; pruning ordered; cost-sharing ordered
Legal Topics
['trees (disputes Between Neighbours)' 'boundary Trees' 'damage to Property' 'risk of Injury' 'shared Ownership' 'contribution to Costs']
['environmental Law' 'property Law'] ['trees (disputes Between Neighbours)' 'boundary Trees' 'damage to Property' 'risk of Injury' 'shared Ownership' 'contribution to Costs']

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Procedural Posture

Trees (disputes Between Neighbours) – Class 2 / Principal Judgment – Final Orders

Legal Issues

  1. 1 ["Whether the tree is principally on the respondents' land" "Whether the tree has caused, is causing, or is likely to cause damage to the applicant's property" 'Whether the tree is likely to cause injury to any person or property' 'Whether tree removal or alternative orders are required under the Trees (Disputes Between Neighbours) Act 2006 (NSW)' 'Who should contribute to the cost of works']

Ratio Decidendi

The tree is principally on the respondents' land, enabling the application. Minor damage (uneven paving) is attributable to the tree, but no evidence of further or serious damage or likely injury. Removal is not required; prudent pruning will adequately manage risk. Costs for required pruning are to be shared due to shared ownership.

Court Disposition

Tree removal refused; pruning ordered; cost-sharing ordered

Orders

  • ['Within 30 days, parties to obtain and swap at least one quote from a suitably qualified arborist for pruning the tree' "Within 6 months (excluding 17–19 April), applicant to engage cheapest arborist (or another if agreed) to prune tree (remove dead/broken branches, reduce crown over applicant's property by up to...