Guirgis v Rothery [2021] NSWLEC 1304

Guirgis v Rothery [2021] NSWLEC 1304

Damage to property was not demonstrated; however, risk of injury from falling branches was established. Orders for pruning, inspection, and borer removal are appropriate to minimise risk of injury, in accordance with expert recommendations and statutory criteria.

Jurisdiction
Australia
Judgment Date
31 May 2021
Procedural Posture
Trees (disputes Between Neighbours) Act Application / Principal Judgment
Outcome
Application granted in part
Legal Topics
['tree Disputes' 'neighbourhood Disputes' 'risk of Injury' 'damage to Property']
['property Law' 'environmental Law'] ['tree Disputes' 'neighbourhood Disputes' 'risk of Injury' 'damage to Property']

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Procedural Posture

Trees (disputes Between Neighbours) Act Application / Principal Judgment

Legal Issues

  1. 1 ['Whether the trees caused or are likely to cause damage to property' 'Whether the trees are likely to cause injury to any person' 'Whether reasonable efforts to reach agreement have been made']

Ratio Decidendi

Damage to property was not demonstrated; however, risk of injury from falling branches was established. Orders for pruning, inspection, and borer removal are appropriate to minimise risk of injury, in accordance with expert recommendations and statutory criteria.

Court Disposition

Application granted in part

Orders

  • ['Within 7 days the respondents must give the northern neighbour a copy of these orders.' "Within 60 days the respondents must engage and pay for a qualified arborist to carry out specified works: remove deadwood >35 mm diameter, conduct aerial inspection and remove hazardous limbs, remove any borers from...