Tran v Kranjcec & anor [2014] NSWLEC 1164

Tran v Kranjcec & anor [2014] NSWLEC 1164

The trees in question, a dead eucalyptus and sections of another, present sufficient risk of damage or injury to the applicant's property or persons, justifying an order for removal of the dead tree and hazardous parts of the other under the Trees (Disputes Between Neighbours) Act 2006. The respondents are to bear the cost of the works, as there was no evidence that the applicant caused or contributed to the risk.

Parties
Applicant: Lap Thi Tran; First Respondent: Barica Kranjcec; Second Respondent: Ivan Kranjcec
Jurisdiction
Australia
Judgment Date
19 August 2014
Procedural Posture
Tree Dispute / Judgment
Outcome
Application upheld in part.
Legal Topics
Trees (disputes Between Neighbours) Act 2006, Tree Removal, Damage From Trees, Neighbour Disputes
Property Law Environmental Law Trees (disputes Between Neighbours) Act 2006 Tree Removal Damage From Trees Neighbour Disputes

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Parties

Lap Thi Tran

Applicant

Barica Kranjcec

First Respondent

Ivan Kranjcec

Second Respondent

Procedural Posture

Tree Dispute / Judgment

Legal Issues

  1. 1 Whether trees on respondents' property present a risk of damage or injury to applicant's property or persons
  2. 2 Whether removal or pruning orders should be made under Part 2 of the Trees (Disputes Between Neighbours) Act 2006
  3. 3 Who should bear the cost of works

Ratio Decidendi

The trees in question, a dead eucalyptus and sections of another, present sufficient risk of damage or injury to the applicant's property or persons, justifying an order for removal of the dead tree and hazardous parts of the other under the Trees (Disputes Between Neighbours) Act 2006. The respondents are to bear the cost of the works, as there was no evidence that the applicant caused or contributed to the risk.

Court Disposition

Application upheld in part.

Orders

  • Within 90 days the respondents must, at their expense, engage a suitably qualified arborist (minimum AQF level 3) to: (a) remove the dead tree (Tree 2) to no more than 500mm above ground level; (b) remove the dead stem of Tree 1; and (c) prune Tree 1 to remove deadwood greater than 50mm diameter.
  • Works are to be conducted in accordance with AS4373 Pruning of Amenity Trees and the WorkCover NSW Code of Practice for the Amenity Tree Industry.