Perich v Wu [2024] NSWLEC 1158

Perich v Wu [2024] NSWLEC 1158

Both s 10(2)(a) and s 10(2)(b) of the Trees Act were satisfied as the tree was found to have caused past damage to the applicant's property, is likely to cause further damage in the near future, and presents a moderate risk of injury; the applicant made reasonable efforts to resolve the dispute. Consequently, tree removal was ordered at the respondents' expense.

Jurisdiction
Australia
Judgment Date
29 January 2024
Procedural Posture
Tree Dispute / Final Determination
Outcome
Application granted
Legal Topics
['trees (disputes Between Neighbours)' 'damage From Falling Branch' 'risk of Injury' 'removal Orders']
['property Law' 'environmental Law'] ['trees (disputes Between Neighbours)' 'damage From Falling Branch' 'risk of Injury' 'removal Orders']

Case Brief

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Procedural Posture

Tree Dispute / Final Determination

Legal Issues

  1. 1 ["Whether the tree on the respondents' land has caused or is likely to cause damage to the applicant's property" 'Whether the tree is likely to cause injury to any person' 'Whether the applicant made a reasonable effort to reach agreement with the respondents under s 10(1)(a) of the Trees Act']

Ratio Decidendi

Both s 10(2)(a) and s 10(2)(b) of the Trees Act were satisfied as the tree was found to have caused past damage to the applicant's property, is likely to cause further damage in the near future, and presents a moderate risk of injury; the applicant made reasonable efforts to resolve the dispute. Consequently, tree removal was ordered at the respondents' expense.

Court Disposition

Application granted

Orders

  • ["Within 60 days of the date of these orders, the respondents, at their expense, shall remove the Cupressus macrocarpa 'Brunniana' (the tree) which overhangs the applicant's dwelling, from near the common boundary in the respondents' front yard, to near ground level." 'The works shall be undertaken by Australian...