Scotton v Crescent Head Resort Pty Ltd [2024] NSWLEC 1576

Scotton v Crescent Head Resort Pty Ltd [2024] NSWLEC 1576

The risk of injury or property damage from falling fronds of Tree 4 is sufficient to engage the Court's jurisdiction under s 10(2) of the Trees (Disputes Between Neighbours) Act 2006, justifying orders for regular inspection and pruning rather than removal.

Parties
Applicant: Kenneth Scotton; Respondent: Crescent Head Resort Pty Ltd
Jurisdiction
Australia
Judgment Date
19 September 2024
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Judgment and Final Orders
Outcome
Application granted in part
Legal Topics
Trees Disputes Between Neighbours, Injury From Falling Fronds, Potential Damage and Debris, Pruning Orders
Environmental Law Property Law Trees Disputes Between Neighbours Injury From Falling Fronds Potential Damage and Debris Pruning Orders

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Parties

Kenneth Scotton

Applicant

Crescent Head Resort Pty Ltd

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether palm trees growing on the respondent's property are likely to cause damage or injury within the meaning of the Trees (Disputes Between Neighbours) Act 2006
  2. 2 Whether orders should be made for pruning or removal of the trees

Ratio Decidendi

The risk of injury or property damage from falling fronds of Tree 4 is sufficient to engage the Court's jurisdiction under s 10(2) of the Trees (Disputes Between Neighbours) Act 2006, justifying orders for regular inspection and pruning rather than removal.

Court Disposition

Application granted in part

Orders

  • The application is granted in part.
  • Within 120 days, the respondent is to engage and pay for an AQF level 3 arborist to inspect Tree 4. Any dead and declining fronds are to be removed in accordance with the relevant provisions of AS4373: 2007 - Pruning of Amenity Trees.