McCallum v Yateem [2007] NSWLEC 522

McCallum v Yateem [2007] NSWLEC 522

Although there is currently minimal damage to the fence, the palms are likely to cause damage in the future as they grow and their spiky fronds pose an ongoing risk to people unless removed regularly. Accordingly, both palms should be removed by the owner within 12 weeks. No order is warranted in relation to the pine trees as they are not causing nor likely to cause damage or injury.

Parties
Applicant: Giselle McCallum; Respondent: Sabah Yateem
Jurisdiction
Australia
Judgment Date
15 August 2007
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Ex Tempore Judgment
Outcome
Orders granted for removal of both palms; no order on pine trees
Legal Topics
Tree Disputes, Damage to Boundary Fences, Removal of Trees, Pruning Orders
Property Law Environmental Law Tree Disputes Damage to Boundary Fences Removal of Trees Pruning Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Giselle McCallum

Applicant

Sabah Yateem

Respondent

Procedural Posture

Application Under Trees (disputes Between Neighbours) Act 2006 / Ex Tempore Judgment

Legal Issues

  1. 1 Whether the fan palm trees are causing or are likely to cause damage to the fence or injury to people under s 10(2) of the Trees (Disputes Between Neighbours) Act 2006
  2. 2 Whether the pine trees are causing or likely to cause damage or injury justifying orders under the Act

Ratio Decidendi

Although there is currently minimal damage to the fence, the palms are likely to cause damage in the future as they grow and their spiky fronds pose an ongoing risk to people unless removed regularly. Accordingly, both palms should be removed by the owner within 12 weeks. No order is warranted in relation to the pine trees as they are not causing nor likely to cause damage or injury.

Court Disposition

Orders granted for removal of both palms; no order on pine trees

Orders

  • The two fan palm trees located in the rear yard of 122 Ballantrae Drive, St Andrews adjacent to 2 Kinross Place, St Andrews are to be removed or alternatively cut off at ground level or no higher than the top of the fence. This work is to be done within 12 weeks of the date of this order at the cost of the owner of...