Hinde v Anderson [2007] NSWLEC 847

Hinde v Anderson [2007] NSWLEC 847

The pruning method outlined by the respondent's arborist (selectively reducing those branches that might contact the applicant's property during strong winds and removing dead wood) is sufficient to minimise risk, and it is unnecessary to engage an independent arborist or carry out further reduction as sought by the applicant.

Jurisdiction
Australia
Judgment Date
18 December 2007
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Ex Tempore Judgment
Outcome
Orders made; application for further pruning and independent arborist refused; specific annual pruning orders granted.
Legal Topics
['trees and Neighbours' 'pruning Orders' 'damage to Property']
['environmental Law' 'property Law'] ['trees and Neighbours' 'pruning Orders' 'damage to Property']

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Procedural Posture

Application Under Trees (disputes Between Neighbours) Act 2006 / Ex Tempore Judgment

Legal Issues

  1. 1 ["Whether the Chinese Elm tree on the respondent's property has caused or is likely to cause damage to the applicant's property" 'Whether further pruning or other management of the tree is necessary to prevent further damage']

Ratio Decidendi

The pruning method outlined by the respondent's arborist (selectively reducing those branches that might contact the applicant's property during strong winds and removing dead wood) is sufficient to minimise risk, and it is unnecessary to engage an independent arborist or carry out further reduction as sought by the applicant.

Court Disposition

Orders made; application for further pruning and independent arborist refused; specific annual pruning orders granted.

Orders

  • ['The Respondent is to engage an arborist to selectively reduce the canopy of the Chinese Elm (Ulmus parvifolia) to maintain clearance from 20 Burran Avenue, Mosman, including pulling branches to simulate strong wind events. Any other branches, such as dead wood, that the arborist considers pose a risk of damage to...