Bouveng v Garward [2018] NSWLEC 1411

Bouveng v Garward [2018] NSWLEC 1411

The tree is structurally poor, overhangs the applicant's property, is likely to cause damage or injury, and removal to a low stump is necessary and appropriate given the risks and the facts that both properties are 'adjoining' under the Act.

Parties
Applicant: Luke Bouveng; First Respondent: Rhonda Garward; Second Respondent: Brian Garward
Jurisdiction
Australia
Judgment Date
10 August 2018
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 (nsw) / Principal Judgment
Outcome
Application upheld; orders for removal of tree at respondents' cost made.
Legal Topics
Trees on Adjoining Land, Disputes Between Neighbours, Risk of Damage or Injury, Jurisdiction Under Trees Act
Property Law Environmental Law Trees on Adjoining Land Disputes Between Neighbours Risk of Damage or Injury Jurisdiction Under Trees Act

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Parties

Luke Bouveng

Applicant

Rhonda Garward

First Respondent

Brian Garward

Second Respondent

Procedural Posture

Application Under Trees (disputes Between Neighbours) Act 2006 (nsw) / Principal Judgment

Legal Issues

  1. 1 Whether the properties are 'adjoining' for the purposes of the Trees (Disputes Between Neighbours) Act 2006 (NSW)
  2. 2 Whether the tree poses a risk of damage or injury warranting orders for removal or cutting back under the Act

Ratio Decidendi

The tree is structurally poor, overhangs the applicant's property, is likely to cause damage or injury, and removal to a low stump is necessary and appropriate given the risks and the facts that both properties are 'adjoining' under the Act.

Court Disposition

Application upheld; orders for removal of tree at respondents' cost made.

Orders

  • The application is upheld.
  • Within 60 days of the date of these orders the respondents are to engage and pay for a suitably qualified and experienced arborist (minimum AQF level 3), with all appropriate insurances, to remove the tree, leaving a stump no more than 2 metres in height (they can remove more should they wish).