Po & Dossan v Warham [2008] NSWLEC 1238

Po & Dossan v Warham [2008] NSWLEC 1238

There is sufficient evidence of risk of injury from deadwood in the tree canopy, but not from live branches or the structure of the tree itself, warranting orders limited to removal of deadwood rather than full removal of the tree or major pruning beyond deadwood.

Parties
Applicant: I Po; Applicant: V Dossan; Respondent: P Warham; Respondent: M Warham
Jurisdiction
Australia
Judgment Date
18 June 2008
Procedural Posture
Tree Dispute Application / Ex Tempore Judgment After Hearing
Outcome
Application granted in part; orders made for removal of deadwood only
Legal Topics
Trees (disputes Between Neighbours) Act 2006, Pruning of Deadwood
Environmental Law Trees (disputes Between Neighbours) Act 2006 Pruning of Deadwood

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Parties

I Po

Applicant

V Dossan

Applicant

P Warham

Respondent

M Warham

Respondent

Procedural Posture

Tree Dispute Application / Ex Tempore Judgment After Hearing

Legal Issues

  1. 1 Whether the tree poses a likely risk of injury to persons under s 10(2)(b) of the Trees (Disputes Between Neighbours) Act 2006
  2. 2 Appropriate orders to address risk caused by deadwood in tree canopy

Ratio Decidendi

There is sufficient evidence of risk of injury from deadwood in the tree canopy, but not from live branches or the structure of the tree itself, warranting orders limited to removal of deadwood rather than full removal of the tree or major pruning beyond deadwood.

Court Disposition

Application granted in part; orders made for removal of deadwood only

Orders

  • All deadwood of 30 mm or greater at the point of attachment is to be removed;
  • Removal to take place within 90 days of the date of the orders of the Court;