Van Waes & anor v Blakeney [2016] NSWLEC 1078

Van Waes & anor v Blakeney [2016] NSWLEC 1078

Evidence and court observations established there is more than a hypothetical risk from falling dead branches causing damage or injury; the Court's jurisdiction under s 9 of the Trees Act is engaged, warranting orders for safe removal of dead and dislodged branches.

Jurisdiction
Australia
Judgment Date
04 March 2016
Procedural Posture
Appeal / Principal Judgment
Outcome
Appeal upheld; application granted
Legal Topics
['tree Disputes' 'neighbour Disputes' 'pruning Orders']
['environmental Law' 'property Law'] ['tree Disputes' 'neighbour Disputes' 'pruning Orders']

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Procedural Posture

Appeal / Principal Judgment

Legal Issues

  1. 1 ["Whether the Illawarra Flame Tree is likely to cause damage to property or injury to persons on the applicant's land" 'Whether presence of bats in the tree is a direct consequence of the tree causing injury or damage']

Ratio Decidendi

Evidence and court observations established there is more than a hypothetical risk from falling dead branches causing damage or injury; the Court's jurisdiction under s 9 of the Trees Act is engaged, warranting orders for safe removal of dead and dislodged branches.

Court Disposition

Appeal upheld; application granted

Orders

  • ['Within 30 days, respondent to engage and pay for an arborist with minimum AQF level 3 qualification to remove all dead wood greater than or equal to 40mm at its base and all hanging or dislodged branches from the Illawarra Flame Tree.' 'Work to be carried out in accordance with AS4373:2007 Pruning of Amenity Trees...