Beard v Cash [2019] NSWLEC 1543

Beard v Cash [2019] NSWLEC 1543

The tree on the respondents' property has caused and is likely to cause further damage to the applicants' property, primarily from falling deadwood and overextended branches. Removal would be disproportionate to risk and diminish environmental values; orders for pruning are warranted to minimize future risk, with the respondents bearing the cost.

Jurisdiction
Australia
Judgment Date
01 November 2019
Procedural Posture
Tree Dispute / Principal Judgment
Outcome
Orders for pruning granted, tree not removed.
Legal Topics
['trees (disputes Between Neighbours)' 'damage From Trees' 'pruning Orders']
['property Law' 'environmental Law'] ['trees (disputes Between Neighbours)' 'damage From Trees' 'pruning Orders']

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Procedural Posture

Tree Dispute / Principal Judgment

Legal Issues

  1. 1 ["Whether the tree has caused or is likely to cause damage or injury to the applicant's property" 'Appropriateness of removal versus pruning orders' 'Jurisdiction to make orders under Trees (Disputes Between Neighbours) Act 2006 (NSW)']

Ratio Decidendi

The tree on the respondents' property has caused and is likely to cause further damage to the applicants' property, primarily from falling deadwood and overextended branches. Removal would be disproportionate to risk and diminish environmental values; orders for pruning are warranted to minimize future risk, with the respondents bearing the cost.

Court Disposition

Orders for pruning granted, tree not removed.

Orders

  • ["Within 60 days, respondents to engage and pay for a qualified arborist (minimum AQF level 3) with insurance to prune the Flooded Gum near the northern corner of their dwelling as follows: remove deadwood greater than 20mm diameter; reduce overextended branches in the crown above applicants' property by pruning...