Szabo v Ciacchi [2007] NSWLEC 675

Szabo v Ciacchi [2007] NSWLEC 675

The tree was in serious decline, with secondary borer damage, deadwood and major limb dieback, and its poor health was unlikely to improve, so removal was justified. Compensation for the shed, slab and roof was refused because the damage, causation and basis for claimed amounts were insufficient and the structures were old or the extent of damage was not fully known. Full compensation for the fence was refused because the fence was at least 25 years old and nearing replacement in any event, although the tree may have increased the need for replacement, so fence replacement costs should be shared equally.

Jurisdiction
Australia
Judgment Date
08 October 2007
Procedural Posture
Application Pursuant to S 7 of the Trees (disputes Between Neighbours) Act 2006 / Ex Tempore Judgment After Hearing
Outcome
Application upheld in part.
Legal Topics
['tree Removal' 'safety Risk' 'property Damage' 'compensation' 'boundary Fence']
['trees Disputes Between Neighbours' 'property'] ['tree Removal' 'safety Risk' 'property Damage' 'compensation' 'boundary Fence']

Case Brief

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Procedural Posture

Application Pursuant to S 7 of the Trees (disputes Between Neighbours) Act 2006 / Ex Tempore Judgment After Hearing

Legal Issues

  1. 1 ["Whether the eucalypt tree wholly or principally on the respondent's property should be removed because of its condition, safety risk and alleged damage." 'Whether the applicant should receive compensation for alleged damage to the garden shed, slab, roof and boundary fence.' 'Whether the cost of replacing the boundary fence should be shared.']

Ratio Decidendi

The tree was in serious decline, with secondary borer damage, deadwood and major limb dieback, and its poor health was unlikely to improve, so removal was justified. Compensation for the shed, slab and roof was refused because the damage, causation and basis for claimed amounts were insufficient and the structures were old or the extent of damage was not fully known. Full compensation for the fence was refused because the fence was at least 25 years old and nearing replacement in any event, although the tree may have increased the need for replacement, so fence replacement costs should be shared equally.

Court Disposition

Application upheld in part.

Orders

  • ['The tree, the subject of the application, is to be removed at full cost to Mr Ciacchi within a period of 90 days from the date of this Order.' 'A replacement tree is to be provided after consultation with Blacktown City Council on an appropriate species.' 'Following the removal of the tree, the cost of a...