Turner v Bennett [2008] NSWLEC 1364

Turner v Bennett [2008] NSWLEC 1364

The tree, due to unpredictable failure of live branches and a large amount of significant dead wood, is likely to cause injury to persons in the applicant’s backyard. This likelihood satisfies s 10(2)(b) of the Trees (Disputes Between Neighbours) Act 2006, warranting court intervention. Pruning orders are necessary to manage this risk.

Parties
Applicant: Lisa Turner; Respondent: David and Marie Bennett
Jurisdiction
Australia
Judgment Date
01 September 2008
Procedural Posture
Trees (disputes Between Neighbours) – Application for Orders in Relation to a Tree / Ex Tempore Judgment After Hearing
Outcome
Application upheld in part. Orders for pruning of the tree at the respondents’ cost with financial contribution from the applicant.
Legal Topics
Tree Disputes, Risk of Injury From Trees, Damage to Property, Court Orders for Pruning or Removal
Environmental Law Property Law Tree Disputes Risk of Injury From Trees Damage to Property Court Orders for Pruning or Removal

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Parties

Lisa Turner

Applicant

David and Marie Bennett

Respondent

Procedural Posture

Trees (disputes Between Neighbours) – Application for Orders in Relation to a Tree / Ex Tempore Judgment After Hearing

Legal Issues

  1. 1 Whether the tree is likely to cause injury to persons on or near applicant's property
  2. 2 Whether the tree is likely to cause property damage
  3. 3 Whether intervention with the tree is warranted under the Trees (Disputes Between Neighbours) Act 2006

Ratio Decidendi

The tree, due to unpredictable failure of live branches and a large amount of significant dead wood, is likely to cause injury to persons in the applicant’s backyard. This likelihood satisfies s 10(2)(b) of the Trees (Disputes Between Neighbours) Act 2006, warranting court intervention. Pruning orders are necessary to manage this risk.

Court Disposition

Application upheld in part. Orders for pruning of the tree at the respondents’ cost with financial contribution from the applicant.

Orders

  • Mr and Mrs Bennett shall prune the Eucalyptus tree by 30 November 2008, at their cost with a $600 contribution from Ms Turner;
  • Ms Turner shall pay $600 to Mr and Mrs Bennett within 30 days of being given a copy of the receipt for completed works;