Chapman v Stevens Holdings Pty Ltd [2016] NSWLEC 1128

Chapman v Stevens Holdings Pty Ltd [2016] NSWLEC 1128

Given the excessive pruning and damage to root systems caused by actions attributable to the applicant, there is a real and foreseeable risk of injury from the eleven trees at issue. Section 10(2)(b) of the Act is satisfied. The applicant is responsible for removal and replacement of the trees at their own cost; respondent's additional claims for road repair and compensation for value of trees are beyond the Court's jurisdiction.

Jurisdiction
Australia
Judgment Date
07 April 2016
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Final Judgment and Orders
Outcome
Application granted
Legal Topics
['tree Disputes Between Neighbours' 'risk of Injury From Trees' 'remedies: Removal and Replacement' 'costs and Compensation in Tree Disputes']
['environmental Law' 'property Law'] ['tree Disputes Between Neighbours' 'risk of Injury From Trees' 'remedies: Removal and Replacement' 'costs and Compensation in Tree Disputes']

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 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application Under Trees (disputes Between Neighbours) Act 2006 / Final Judgment and Orders

Legal Issues

  1. 1 ["Whether eleven trees on the respondent's land are likely to cause injury to any person for the purposes of s 10(2)(b) of the Trees (Disputes Between Neighbours) Act 2006" 'Whether the applicant should bear the cost of removal and replacement of the trees' "Whether additional compensation or orders sought by the respondent are within the Court's jurisdiction"]

Ratio Decidendi

Given the excessive pruning and damage to root systems caused by actions attributable to the applicant, there is a real and foreseeable risk of injury from the eleven trees at issue. Section 10(2)(b) of the Act is satisfied. The applicant is responsible for removal and replacement of the trees at their own cost; respondent's additional claims for road repair and compensation for value of trees are beyond the Court's jurisdiction.

Court Disposition

Application granted

Orders

  • ['Within 30 days, applicant to engage and pay for a suitably qualified arborist to remove eleven trees as specified, including stump grinding and remediation.' 'Works to be carried out in accordance with WorkCover NSW Code of Practice for the Amenity Tree Industry.' 'Respondent to provide access for quoting and...