George v Conin [2007] NSWLEC 414

George v Conin [2007] NSWLEC 414

The Court was not satisfied that the tree was likely in the near future to cause further damage to the applicants' property or that it was likely to be a risk to persons, and the evidence of damage to the house and path did not warrant removal. However, the tree trunk had significantly displaced the fence, about half of the fence was impacted by the tree, and the rest of the fence was nearing the end of its useful life, so the respondent should bear three-quarters of the replacement cost. The respondent was also required to arrange corrective pruning and deadwood removal, remove accumulated detritus, and reimburse the applicants for the arborist's report because it contributed to the...

Jurisdiction
Australia
Judgment Date
25 June 2007
Procedural Posture
Neighbour Application Pursuant to S 7 of the Trees (disputes Between Neighbours) Act 2006 Concerning a Camphor Laurel Tree / Extemporaneous Judgment; Formal Orders Made Pursuant to S 9 of the Trees (disputes Between Neighbours) Act 2006
Outcome
Application allowed in part; tree removal refused; orders made for fence replacement contribution, pruning, detritus removal, and payment for the arborist's report.
Legal Topics
['tree Removal' 'property Damage' 'fence Damage' 'pruning' "compensation for Arborist's Report"]
['trees Disputes Between Neighbours' 'land and Environment'] ['tree Removal' 'property Damage' 'fence Damage' 'pruning' "compensation for Arborist's Report"]

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Procedural Posture

Neighbour Application Pursuant to S 7 of the Trees (disputes Between Neighbours) Act 2006 Concerning a Camphor Laurel Tree / Extemporaneous Judgment; Formal Orders Made Pursuant to S 9 of the Trees (disputes Between Neighbours) Act 2006

Legal Issues

  1. 1 ["Whether the Camphor Laurel tree should be removed because it had caused, was causing, or was likely in the near future to cause damage to the applicants' property." 'Whether the tree was likely to be a risk to persons.' 'What remedy should be ordered for displacement of the fence between the properties.' "Whether the respondent should pay the cost of the applicants' arborist's report."]

Ratio Decidendi

The Court was not satisfied that the tree was likely in the near future to cause further damage to the applicants' property or that it was likely to be a risk to persons, and the evidence of damage to the house and path did not warrant removal. However, the tree trunk had significantly displaced the fence, about half of the fence was impacted by the tree, and the rest of the fence was nearing the end of its useful life, so the respondent should bear three-quarters of the replacement cost. The respondent was also required to arrange corrective pruning and deadwood removal, remove accumulated detritus, and reimburse the applicants for the arborist's report because it contributed to the...

Court Disposition

Application allowed in part; tree removal refused; orders made for fence replacement contribution, pruning, detritus removal, and payment for the arborist's report.

Orders

  • ['Mr and Mrs George are to obtain two quotations for removal and replacement of the fence and provide them to Mr Conin.' 'Within 28 days of being provided with a copy of a receipted invoice for the replacement of the fence, Mr Conin is to pay Mr and Mrs George an amount equal to three-quarters of the lower of the...