Morris v Kedziora [2011] NSWLEC 1156

Morris v Kedziora [2011] NSWLEC 1156

While there is evidence of potential risk from falling dead wood, the risk from live overhanging branches is low and does not justify tree removal or lopping; proportionate orders require removal of dead wood but not tree removal or lopping.

Jurisdiction
Australia
Judgment Date
21 June 2011
Procedural Posture
Tree Dispute / Final Judgment
Outcome
Application upheld in part; tree removal refused; annual removal of deadwood ordered.
Legal Topics
['tree Disputes' 'damage to Property' 'injury to Persons' 'neighbourhood Disputes']
['property Law' 'environmental Law'] ['tree Disputes' 'damage to Property' 'injury to Persons' 'neighbourhood Disputes']

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Procedural Posture

Tree Dispute / Final Judgment

Legal Issues

  1. 1 ["Whether the tree has caused, is causing or is likely in the near future to cause damage to applicant's property or injury to persons" 'Appropriate remedy for tree-related risk of damage or injury']

Ratio Decidendi

While there is evidence of potential risk from falling dead wood, the risk from live overhanging branches is low and does not justify tree removal or lopping; proportionate orders require removal of dead wood but not tree removal or lopping.

Court Disposition

Application upheld in part; tree removal refused; annual removal of deadwood ordered.

Orders

  • ['Application to remove the tree dismissed.' 'Respondents to engage an AQF level 3 arborist to remove all dead wood down to 15mm diameter from the tree.' 'Work to be carried out in accordance with WorkCover NSW Code of Practice for the Amenity Tree Industry and AS4373:2007: Pruning of Amenity Trees.' 'Work to be...