Tou and anor v Maskiney [2010] NSWLEC 1068

Tou and anor v Maskiney [2010] NSWLEC 1068

Jurisdiction to order removal and compensation was established because the Casuarina tree caused damage to the driveway and contributed to the severe blockage. However, compensation was limited to actual proven damage to the sections affected, and not the broader amounts claimed; complete replacement and additional...

Source-derived case information.

Parties
Applicant: Iat Sang Tou; Applicant: Hilda Hing Hing; Respondent: Charles Maskiney
Jurisdiction
Australia
Judgment Date
22 March 2010
Procedural Posture
Tree Dispute (damage to Property and Risk of Injury) / Judgment
Outcome
Application upheld in part.
Legal Topics
Tree Disputes, Neighbourhood Disputes, Compensation for Property Damage, Risk of Injury From Trees
Environmental Law Property Law Tree Disputes Neighbourhood Disputes Compensation for Property Damage Risk of Injury From Trees

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Parties

Iat Sang Tou

Applicant

Hilda Hing Hing

Applicant

Charles Maskiney

Respondent

Procedural Posture

Tree Dispute (damage to Property and Risk of Injury) / Judgment

Legal Issues

  1. 1 Whether the Casuarina tree caused damage to the applicants' property
  2. 2 Whether the Casuarina tree presents a risk of injury to persons
  3. 3 Whether removal of the tree and compensation to the applicants is warranted

Ratio Decidendi

Jurisdiction to order removal and compensation was established because the Casuarina tree caused damage to the driveway and contributed to the severe blockage. However, compensation was limited to actual proven damage to the sections affected, and not the broader amounts claimed; complete replacement and additional works were not justified.

Court Disposition

Application upheld in part.

Orders

  • Removal of the Casuarina tree by an AQF level 3 arborist engaged and paid by the respondent, with stump and large roots to be ground below ground level.
  • Works to be completed in accordance with WorkCover NSW Code of Practice.