Walter v Pattison [2021] NSWLEC 1260

Walter v Pattison [2021] NSWLEC 1260

The application for removal and compensation was refused because the respondents had taken reasonable actions (including regular pruning in accordance with Council consent), there was insufficient evidence regarding sewer damage, and the applicant remains responsible for her property maintenance. However, orders for precautionary pruning were made due to accepted risks of injury from branch fall.

Parties
Applicant: Janelle Walter; First Respondent: Ken Pattison; Second Respondent: Shu-Yi Stevenson; Third Respondent: Jessie Stevenson
Jurisdiction
Australia
Judgment Date
12 May 2021
Procedural Posture
Class 2 / Judgment and Final Orders
Outcome
Application for removal and compensation refused; orders made for ongoing pruning and management of the tree.
Legal Topics
Trees (disputes Between Neighbours), Tree Removal, Compensation, Pruning Orders
Environmental Law Neighbour Disputes Trees (disputes Between Neighbours) Tree Removal Compensation Pruning Orders

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Parties

Janelle Walter

Applicant

Ken Pattison

First Respondent

Shu-Yi Stevenson

Second Respondent

Jessie Stevenson

Third Respondent

Procedural Posture

Class 2 / Judgment and Final Orders

Legal Issues

  1. 1 Whether the tree should be removed under the Trees (Disputes Between Neighbours) Act 2006
  2. 2 Whether compensation for damage should be paid to the applicant
  3. 3 What, if any, maintenance or pruning orders are appropriate to minimise future risk or injury

Ratio Decidendi

The application for removal and compensation was refused because the respondents had taken reasonable actions (including regular pruning in accordance with Council consent), there was insufficient evidence regarding sewer damage, and the applicant remains responsible for her property maintenance. However, orders for precautionary pruning were made due to accepted risks of injury from branch fall.

Court Disposition

Application for removal and compensation refused; orders made for ongoing pruning and management of the tree.

Orders

  • The application to remove the tree is refused.
  • The application for compensation is refused.