Todorovic v Mendham [2019] NSWLEC 1088

Todorovic v Mendham [2019] NSWLEC 1088

The jacaranda tree has damaged both applicants' properties, with the second applicant's property severely affected. Removing the tree and repairing the driveway are necessary and reasonable under the Trees Act, jurisdictional and statutory requirements are satisfied, and consent orders are appropriate.

Jurisdiction
Australia
Judgment Date
01 March 2019
Procedural Posture
Class 2 Application Under Trees (disputes Between Neighbours) Act 2006 (nsw) / Final Orders Granted After Onsite Hearing and Consent Orders
Outcome
Application granted
Legal Topics
['trees (disputes Between Neighbours) Act' 'damage to Property' 'risk of Injury' 'jurisdiction' 'consent Orders']
['property Law' 'environmental Law'] ['trees (disputes Between Neighbours) Act' 'damage to Property' 'risk of Injury' 'jurisdiction' 'consent Orders']

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Procedural Posture

Class 2 Application Under Trees (disputes Between Neighbours) Act 2006 (nsw) / Final Orders Granted After Onsite Hearing and Consent Orders

Legal Issues

  1. 1 ["Whether the jacaranda tree on the respondent's property has caused damage to the applicants' properties and whether its removal and property repairs are appropriate remedies under the Trees (Disputes Between Neighbours) Act 2006 (NSW)" 'Whether jurisdictional and statutory requirements for making orders under the Act are satisfied']

Ratio Decidendi

The jacaranda tree has damaged both applicants' properties, with the second applicant's property severely affected. Removing the tree and repairing the driveway are necessary and reasonable under the Trees Act, jurisdictional and statutory requirements are satisfied, and consent orders are appropriate.

Court Disposition

Application granted

Orders

  • ['The application is granted.' 'Respondent required within six months to engage qualified contractors for driveway repair at rear of properties at 38 and 40 Enmore Road, Newtown as per Cannarg Quote.' 'Prior to driveway works, removal of the Jacaranda Tree at 26 Station Street, Newtown approximately 1 metre from...