Gilliland v Hall [2011] NSWLEC 1189

Gilliland v Hall [2011] NSWLEC 1189

Tree 2 has not caused nor is likely to cause damage or injury; no orders can be made concerning it. Tree 1 has contributed to minor damage of the fence and presents some risk of injury from dead limbs. However, damage is not sufficient to require removal. Appropriate remedial works—pruning and fence repair with adequate clearance—can address these issues without removing the tree.

Parties
Applicant: M Gilliland; Respondents: C and E Hall
Jurisdiction
Australia
Judgment Date
07 July 2011
Procedural Posture
Tree Disputes (class 2 Application) / Decision on Application
Outcome
Application regarding Tree 2 dismissed; application regarding Tree 1 upheld in part with orders for pruning and fence repair.
Legal Topics
Tree Disputes Between Neighbours, Damage to Property, Pruning Orders, Fence Repairs
Property Law Environmental Law Tree Disputes Between Neighbours Damage to Property Pruning Orders Fence Repairs

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Parties

M Gilliland

Applicant

C and E Hall

Respondents

Procedural Posture

Tree Disputes (class 2 Application) / Decision on Application

Legal Issues

  1. 1 Whether Tree 1 and/or Tree 2 have caused, are causing, or are likely to cause, damage to the applicant’s property or injury to persons
  2. 2 What, if any, orders should be made concerning the trees and the boundary fence

Ratio Decidendi

Tree 2 has not caused nor is likely to cause damage or injury; no orders can be made concerning it. Tree 1 has contributed to minor damage of the fence and presents some risk of injury from dead limbs. However, damage is not sufficient to require removal. Appropriate remedial works—pruning and fence repair with adequate clearance—can address these issues without removing the tree.

Court Disposition

Application regarding Tree 2 dismissed; application regarding Tree 1 upheld in part with orders for pruning and fence repair.

Orders

  • The application regarding Tree 2, the Paperbark, is dismissed.
  • The application regarding Tree 1, the Port Jackson Fig, is upheld in part.