Murray v Shoebridge [2007] NSWLEC 785

Murray v Shoebridge [2007] NSWLEC 785

The jurisdiction of the Court to order removal or intervention in the tree is not enlivened because the tree is unlikely to cause damage or injury, and the necessary conditions under s 10(2) of the Act are not satisfied. Furthermore, the parties agreed to private arrangements for inspection and management of the tree, thereby resolving the dispute without Court orders.

Jurisdiction
Australia
Judgment Date
13 November 2007
Procedural Posture
Tree Dispute Application / Final Judgment
Outcome
application dismissed by consent/agreement
Legal Topics
['tree Disputes' 'removal of a Tree' 'trees (disputes Between Neighbours) Act 2006']
['environmental Law'] ['tree Disputes' 'removal of a Tree' 'trees (disputes Between Neighbours) Act 2006']

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Procedural Posture

Tree Dispute Application / Final Judgment

Legal Issues

  1. 1 ["Whether the Sydney blue gum tree on the respondent's property should be removed or made safe under the Trees (Disputes Between Neighbours) Act 2006" 'Whether the Court has jurisdiction to make orders under s 10(2) of the Act']

Ratio Decidendi

The jurisdiction of the Court to order removal or intervention in the tree is not enlivened because the tree is unlikely to cause damage or injury, and the necessary conditions under s 10(2) of the Act are not satisfied. Furthermore, the parties agreed to private arrangements for inspection and management of the tree, thereby resolving the dispute without Court orders.

Court Disposition

application dismissed by consent/agreement

Orders

  • ["Deadwood greater than 50mm diameter to be pruned by 31 March 2008 at respondent's cost." 'Aerial inspection of the tree by arborist appointed by respondent, with a report to be provided; applicant may have their own arborist at their own cost.' "If significant decay or weakness is found, application to Council for...