Moricca v Faul [2007] NSWLEC 694

Dropping of leaves and minor debris by healthy trees in an urban environment is not a sufficient ground to warrant court-ordered removal or significant interference; reasonable tree and property maintenance is expected from both parties.

Parties: Applicant: Kathy Moricca; Respondent: Joanne Faul
Jurisdiction: Australia
Judgment Date: 15 October 2007
Procedural Posture: Application Under Trees (disputes Between Neighbours) Act 2006 / Final Judgment
Outcome: Application dismissed by agreement of the parties.
Legal Topics: Tree Disputes, Neighbour Disputes, Pruning Orders, Damages for Property Damage, Costs

Property Law Environmental Law Tree Disputes Neighbour Disputes Pruning Orders Damages for Property Damage Costs

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Parties

Kathy Moricca

Applicant

Joanne Faul

Respondent

Procedural Posture

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

Legal Issues

1 Whether trees on respondent's land caused damage to applicant's property
2 Whether the trees should be removed or pruned
3 Who should bear the cost of pruning and damages

Ratio Decidendi

Court Disposition

Application dismissed by agreement of the parties.

Orders

Parties agreed to pruning of the overhanging branches by approximately 30% within 2 years, and subsequently at intervals of not less than 5 years, with each party bearing the cost of works on their respective sides.
Mrs Faul to pay $150 to Mrs Moricca as full settlement of costs for roof damage.