Horvat v Golledge [2011] NSWLEC 1016

Horvat v Golledge [2011] NSWLEC 1016

While falling branches may have caused minor damage and injury and risk remains, the harm was minor, the tree remains valuable, and removal is unwarranted. Further pruning of dead wood appropriately addresses the risk.

Jurisdiction
Australia
Judgment Date
21 January 2011
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Final Decision
Outcome
Application to remove tree and for compensation dismissed. Orders made for regular removal of dead wood by qualified arborist at respondent's expense.
Legal Topics
['tree Disputes' 'damage to Property' 'injury to Persons' 'compensation' 'neighbourhood Disputes']
['environmental Law' 'property Law'] ['tree Disputes' 'damage to Property' 'injury to Persons' 'compensation' 'neighbourhood Disputes']

Case Brief

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Procedural Posture

Application Under Trees (disputes Between Neighbours) Act 2006 / Final Decision

Legal Issues

  1. 1 ['Whether the tree should be removed due to causing or being likely to cause damage to property or injury to persons' 'Whether compensation should be awarded for damage to pigeon coop roof' 'Whether further orders for maintenance or pruning are warranted']

Ratio Decidendi

While falling branches may have caused minor damage and injury and risk remains, the harm was minor, the tree remains valuable, and removal is unwarranted. Further pruning of dead wood appropriately addresses the risk.

Court Disposition

Application to remove tree and for compensation dismissed. Orders made for regular removal of dead wood by qualified arborist at respondent's expense.

Orders

  • ['Application to remove tree dismissed.' 'Application for compensation dismissed.' 'Respondents to engage and pay for an AQF level 3 arborist to remove all dead wood down to 20 mm in diameter.' 'The work is to be completed within 60 days of the date of these orders.' 'The work is to be carried out in accordance with...