Aird v Frost & anor [2007] NSWLEC 707

Parties

Procedural Posture

Neighbour Dispute – Trees / Ex Tempore Judgment, Final Orders by Consent

Legal Issues

1. 1 Whether the dropping of nuts and bark from a Brush Box tree justifies removal or intervention under the Trees (Disputes Between Neighbours) Act 2006
2. 2 Whether the agreed pruning of four overhanging branches is appropriate

Ratio Decidendi

Consent orders for pruning of specified branches granted based on risk of injury, with formal orders reflecting the parties' agreement and the absence of special circumstances to justify complete removal.

Court Disposition

Consent orders – pruning of branches granted

Orders

• The respondent is to prune the four branches of the Brush Box tree (Lophostemon confertus) marked in Annexure A to these orders;
• The pruning is to be undertaken by an arborist of at least AQF level 3 qualifications with appropriate insurances;