Macey v Jephcott & Anor [2007] NSWLEC 728

Macey v Jephcott & Anor [2007] NSWLEC 728

The parties reached an agreement about management and removal of the trees, including allocation of costs, concluding that a Court order is unnecessary; the matter is therefore dismissed by consent. Tree 2 was found to have caused damage to the applicant's property, and future risk was identified regarding Trees 3–8, but the parties' agreement resolved these issues.

Parties
Applicant: John Macey; Respondent: Mr Grant Jephcott; Respondent: Mrs April Jephcott
Jurisdiction
Australia
Judgment Date
29 October 2007
Procedural Posture
Application Under S 7 Trees (disputes Between Neighbours) Act 2006 / Final Determination Following Hearing; Ex Tempore Judgment
Outcome
Application dismissed following agreement by parties; no orders made for intervention, main points of agreement recorded.
Legal Topics
Tree Disputes, Removal of Overhanging Branches, Property Damage From Trees
Environmental Law Property Law Tree Disputes Removal of Overhanging Branches Property Damage From Trees

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Parties

John Macey

Applicant

Mr Grant Jephcott

Respondent

Mrs April Jephcott

Respondent

Procedural Posture

Application Under S 7 Trees (disputes Between Neighbours) Act 2006 / Final Determination Following Hearing; Ex Tempore Judgment

Legal Issues

  1. 1 Whether identified pine trees cause or are likely to cause damage or injury within the meaning of s 10(2) of the Trees (Disputes Between Neighbours) Act 2006
  2. 2 What, if any, orders should be made under the Act for removal or management of the trees
  3. 3 Allocation of costs relating to removal of trees

Ratio Decidendi

The parties reached an agreement about management and removal of the trees, including allocation of costs, concluding that a Court order is unnecessary; the matter is therefore dismissed by consent. Tree 2 was found to have caused damage to the applicant's property, and future risk was identified regarding Trees 3–8, but the parties' agreement resolved these issues.

Court Disposition

Application dismissed following agreement by parties; no orders made for intervention, main points of agreement recorded.

Orders

  • Tree 1 shall remain.
  • Trees 2–8 shall be removed.