Tadros v Alexander [2010] NSWLEC 1155

Tadros v Alexander [2010] NSWLEC 1155

Jurisdiction was enlivened under s 10(2) for Tree 1 due to the presence of dead wood overhanging child play areas posing a predictable risk of injury; the appropriate order was limited to removal of dead wood exceeding 30 mm in diameter or 1 m in length, proportionate to the risk. No orders for other trees or for falling leaves/debris due to lack of exceptional circumstances.

Jurisdiction
Australia
Judgment Date
22 June 2010
Procedural Posture
Application Under S7 of the Trees (disputes Between Neighbours) Act 2006 / First Instance Decision (ex Tempore Judgment)
Outcome
Application upheld in part
Legal Topics
['trees (neighbours)' 'injury to Persons' 'removal and Pruning of Trees']
['environmental Law' 'property Law'] ['trees (neighbours)' 'injury to Persons' 'removal and Pruning of Trees']

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Procedural Posture

Application Under S7 of the Trees (disputes Between Neighbours) Act 2006 / First Instance Decision (ex Tempore Judgment)

Legal Issues

  1. 1 ["Whether trees on the respondents' property pose a risk of injury to persons or damage to property under the Trees (Disputes Between Neighbours) Act 2006" 'What orders, if any, should be made regarding the pruning or removal of branches or trees']

Ratio Decidendi

Jurisdiction was enlivened under s 10(2) for Tree 1 due to the presence of dead wood overhanging child play areas posing a predictable risk of injury; the appropriate order was limited to removal of dead wood exceeding 30 mm in diameter or 1 m in length, proportionate to the risk. No orders for other trees or for falling leaves/debris due to lack of exceptional circumstances.

Court Disposition

Application upheld in part

Orders

  • ['The application to prune the trees is upheld in part.' 'Respondents to engage and pay for an AQF level 3 arborist to remove all dead wood > 30 mm in diameter or more than 1 m in length from the Eucalyptus paniculata (Tree 1).' 'Work to be carried out in accordance with AS4373:2007 Pruning of Amenity Trees and the...