Goldmann and anor v Malane [2012] NSWLEC 1234

Goldmann and anor v Malane [2012] NSWLEC 1234

The three Norfolk Island Pines on Ms Malane's property have caused damage to Mr Goldmann's property and are likely to cause further damage. Root barriers at an adequate distance would compromise the trees' stability; therefore, tree removal is necessary. Both parties should share the costs of restoring the paving, with Ms Malane paying 50% of the selected quote for repairs.

Jurisdiction
Australia
Judgment Date
17 August 2012
Procedural Posture
Trees (disputes Between Neighbours) / Final Judgment
Outcome
Application upheld. Orders made for tree removal and compensation for paving repair.
Legal Topics
['trees and Neighbour Disputes' 'damage to Property' 'remedies' 'compensation']
['property Law' 'tort Law' 'environmental Law'] ['trees and Neighbour Disputes' 'damage to Property' 'remedies' 'compensation']

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Procedural Posture

Trees (disputes Between Neighbours) / Final Judgment

Legal Issues

  1. 1 ["Whether trees on the respondent's land have caused, are causing, or are likely to cause damage to the applicant's property or injury to persons" 'What orders are appropriate to remedy or prevent such damage or injury' 'Whether compensation is warranted and in what amount']

Ratio Decidendi

The three Norfolk Island Pines on Ms Malane's property have caused damage to Mr Goldmann's property and are likely to cause further damage. Root barriers at an adequate distance would compromise the trees' stability; therefore, tree removal is necessary. Both parties should share the costs of restoring the paving, with Ms Malane paying 50% of the selected quote for repairs.

Court Disposition

Application upheld. Orders made for tree removal and compensation for paving repair.

Orders

  • ['Ms Malane to engage and pay for an AQF Level 3 arborist to remove the three Norfolk Island Pines to ground level within 60 days; stumps to remain.' 'Goldmanns to provide access for tree works on reasonable notice.' 'Within 30 days, both parties to obtain two quotes for repair of the paving; quotes must show...