Darr v Keating [2019] NSWLEC 1196

Darr v Keating [2019] NSWLEC 1196

Only the root growth of the western tree caused damage (displacement of fencing panels), and remedial orders are appropriate; no causal connection between the trees and other asserted damage or risk. Respondent as occupier qualifies for orders under the Act.

Jurisdiction
Australia
Judgment Date
03 May 2019
Procedural Posture
Trees (disputes Between Neighbours) Act 2006 (nsw) Application / Final Judgment and Orders
Outcome
Orders made for repair of boundary fence; tree removal not ordered; applicant's sought orders refused.
Legal Topics
['tree Disputes' 'damage to Fence' 'owner/occupier Definition' 'remedial Orders']
['property' 'environmental'] ['tree Disputes' 'damage to Fence' 'owner/occupier Definition' 'remedial Orders']

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether trees on respondent's property caused damage to applicant's property or posed risk of injury" 'Whether orders should be made for removal of trees or for repair of damage caused by trees' 'Whether respondent as occupier can be ordered to carry out works']

Ratio Decidendi

Only the root growth of the western tree caused damage (displacement of fencing panels), and remedial orders are appropriate; no causal connection between the trees and other asserted damage or risk. Respondent as occupier qualifies for orders under the Act.

Court Disposition

Orders made for repair of boundary fence; tree removal not ordered; applicant's sought orders refused.

Orders

  • ['Within 90 days, respondent to engage fencing contractor to repair two displaced fencing panels so their alignment is consistent with rest of fence and provide at least 50 mm clearance to base of western tree.' 'On reasonable notice, applicant to allow access for fence works during reasonable hours.' 'Order for...