Jeong v Tse & Anor [2010] NSWLEC 1109

Jeong v Tse & Anor [2010] NSWLEC 1109

Three of the four tests in s 10(2) of the Trees (Disputes Between Neighbours) Act 2006 are satisfied: dead branches have caused and could continue to cause property damage, and are likely to cause injury. Removal of the tree is warranted, but compensation is refused due to non-compliance with procedural directions.

Jurisdiction
Australia
Judgment Date
12 May 2010
Procedural Posture
Tree Dispute / Judgment
Outcome
Tree removal application allowed; compensation application dismissed.
Legal Topics
['tree Disputes Between Neighbours' 'damage to Property' 'personal Injury' 'compensation' 'removal Orders']
['environmental Law' 'property Law'] ['tree Disputes Between Neighbours' 'damage to Property' 'personal Injury' 'compensation' 'removal Orders']

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Procedural Posture

Tree Dispute / Judgment

Legal Issues

  1. 1 ['Whether the tree caused or is likely to cause damage to property or injury to persons' 'Whether compensation should be awarded for alleged damage to property']

Ratio Decidendi

Three of the four tests in s 10(2) of the Trees (Disputes Between Neighbours) Act 2006 are satisfied: dead branches have caused and could continue to cause property damage, and are likely to cause injury. Removal of the tree is warranted, but compensation is refused due to non-compliance with procedural directions.

Court Disposition

Tree removal application allowed; compensation application dismissed.

Orders

  • ['Application to remove the tree is allowed.' 'Application for compensation is dismissed.' 'Owners of the tree to engage and pay for an AQF level 3 arborist to remove the tree to a minimum height of 6 m, and remove all lateral branches from remaining trunk.' 'Work to comply with WorkCover Code of Practice for the...