Ta v The Owners of Strata Plan 77175 [2024] NSWLEC 1566

Ta v The Owners of Strata Plan 77175 [2024] NSWLEC 1566

Orders for pruning and fence repairs were justified as damage to the dwelling and boundary fence was proven to have been caused by respondent’s trees (T1, T5, T6) and risk of future damage and injury from overhanging branches was established under s 10(2)(a)-(b) of the Trees Act. However, the evidence was insufficient to justify removal of any trees or further pruning as sought by the applicant, and some past compensation claims were time-barred under the Limitation Act.

Parties
Applicant: Guy Ta; Respondent: The Owners of Strata Plan 77175
Jurisdiction
Australia
Judgment Date
16 September 2024
Procedural Posture
Civil Trees (disputes Between Neighbours) / Judgment/order After Hearing
Outcome
Application granted in part
Legal Topics
Trees (disputes Between Neighbours), Damage to Property by Trees, Risk of Injury From Trees, Tree Pruning and Maintenance, Compensation for Property Damage, Jurisdictional Requirements Under Trees Act
Property Law Environmental Law Trees (disputes Between Neighbours) Damage to Property by Trees Risk of Injury From Trees Tree Pruning and Maintenance Compensation for Property Damage Jurisdictional Requirements Under Trees Act

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Parties

Guy Ta

Applicant

The Owners of Strata Plan 77175

Respondent

Procedural Posture

Civil Trees (disputes Between Neighbours) / Judgment/order After Hearing

Legal Issues

  1. 1 Whether trees on respondent's land have caused or are likely to cause damage or injury under s 10(2) of the Trees (Disputes Between Neighbours) Act 2006
  2. 2 Appropriate orders for pruning, removal or maintenance to prevent future damage or injury
  3. 3 Entitlement to fence repairs at respondent's expense

Ratio Decidendi

Orders for pruning and fence repairs were justified as damage to the dwelling and boundary fence was proven to have been caused by respondent’s trees (T1, T5, T6) and risk of future damage and injury from overhanging branches was established under s 10(2)(a)-(b) of the Trees Act. However, the evidence was insufficient to justify removal of any trees or further pruning as sought by the applicant, and some past compensation claims were time-barred under the Limitation Act.

Court Disposition

Application granted in part

Orders

  • The respondent shall at its expense engage AQF level 3 arborists to prune specified branches from T1 and T3, and deadwood from T4 and T5, within 60 days.
  • The respondent shall repair the damaged top fence rail (about 5.8m long) and damaged palings or capping as required, at its expense.