Brown v Alexander [2023] NSWLEC 1810

Brown v Alexander [2023] NSWLEC 1810

Deadwood from the respondent’s tree caused previous and likely near-future damage to the applicant’s dwelling roof, satisfying the statutory test under s 10(2)(a) of the Trees (Disputes Between Neighbours) Act 2006. As the respondent failed to mitigate foreseeable risk after repeated incidents and notice, orders for pruning and compensation are warranted, with costs and compensation to be borne by the respondent.

Jurisdiction
Australia
Judgment Date
03 June 2024
Procedural Posture
Tree Dispute (class 2 Application) / Judgment and Final Orders
Outcome
Orders made for compensation and remedial pruning; tree not removed.
Legal Topics
['tree Disputes Between Neighbours' 'compensation for Property Damage' 'pruning Orders' 'neighbour Nuisance']
['environmental Law' 'property Law'] ['tree Disputes Between Neighbours' 'compensation for Property Damage' 'pruning Orders' 'neighbour Nuisance']

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Procedural Posture

Tree Dispute (class 2 Application) / Judgment and Final Orders

Legal Issues

  1. 1 ["Whether the respondent’s tree caused or is likely to cause damage to the applicant's property within the meaning of the Trees (Disputes Between Neighbours) Act 2006" 'Whether the applicant is entitled to an order for compensation for insurance excess' 'Appropriate scope of remedial orders (removal vs pruning)']

Ratio Decidendi

Deadwood from the respondent’s tree caused previous and likely near-future damage to the applicant’s dwelling roof, satisfying the statutory test under s 10(2)(a) of the Trees (Disputes Between Neighbours) Act 2006. As the respondent failed to mitigate foreseeable risk after repeated incidents and notice, orders for pruning and compensation are warranted, with costs and compensation to be borne by the respondent.

Court Disposition

Orders made for compensation and remedial pruning; tree not removed.

Orders

  • ['The respondent shall pay the applicant $700.00 by electronic funds transfer (EFT) as compensation for the damage insurance excess, within 14 days of receipt of a paid invoice from the applicant.' "The respondent, at her expense, shall employ experienced AQF level 3 arborists, with all appropriate insurances, to...