Cheriachan v Williams [2014] NSWLEC 1210

Cheriachan v Williams [2014] NSWLEC 1210

The only appropriate outcome to prevent further damage is for the tree to be removed, as retaining the tree is not feasible without causing it to become unviable, and the Court is satisfied its roots and trunk are causing significant damage to the applicant's property.

Jurisdiction
Australia
Judgment Date
13 October 2014
Procedural Posture
Trees (disputes Between Neighbours) Act 2006 Application / Principal Judgment
Outcome
Application upheld; orders made for removal of the tree by the respondent at their cost.
Legal Topics
['tree Disputes' 'damage Caused by Trees' 'orders for Tree Removal']
['environmental Law' 'property Law'] ['tree Disputes' 'damage Caused by Trees' 'orders for Tree Removal']

Case Brief

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Procedural Posture

Trees (disputes Between Neighbours) Act 2006 Application / Principal Judgment

Legal Issues

  1. 1 ["Whether the tree on the respondent's property has caused damage to the applicant's property" 'What orders, if any, should be made for the removal of the tree']

Ratio Decidendi

The only appropriate outcome to prevent further damage is for the tree to be removed, as retaining the tree is not feasible without causing it to become unviable, and the Court is satisfied its roots and trunk are causing significant damage to the applicant's property.

Court Disposition

Application upheld; orders made for removal of the tree by the respondent at their cost.

Orders

  • ['The respondent is to engage and pay for a suitably qualified arborist (minimum AQF level 3) to remove the London Plane tree to ground level and to grind sufficient of the stump to allow the fence to be reconstructed on the boundary line.' 'These works must be done in accordance with the WorkCover NSW Code of...