McFadden v Marshall [2008] NSWLEC 1135

Given the height and condition of the trees, dead wood and compromised branches could cause damage or injury to property or persons in the near future; therefore orders are justified for pruning and removal of specified branches, balancing risks and ecological contributions.

Jurisdiction: Australia
Judgment Date: 27 March 2008
Procedural Posture: Application Under Trees (disputes Between Neighbours) Act 2006 / Judgment
Outcome: Application granted with detailed orders for pruning and maintenance of trees.
Legal Topics: ['tree Disputes' 'pruning' 'damage to Property' 'risk of Injury']

['property Law' 'environmental Law'] ['tree Disputes' 'pruning' 'damage to Property' 'risk of Injury']

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Procedural Posture

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

Legal Issues

1 ['Whether pruning or removal of two trees is necessary to minimise risk of damage to property or injury to persons under s 7 and s 10(2) of the Trees (Disputes Between Neighbours) Act 2006']

Ratio Decidendi

Court Disposition

Application granted with detailed orders for pruning and maintenance of trees.

Orders

['The western leader of the Angophora costata to be removed at the indicated point.' 'Deadwood 30 mm and larger in diameter is to be removed from the larger tree within 3m of the boundary fence.' 'All works to be carried out within 90 days by an AQF level 3 arborist with appropriate insurances and standards...