Resevsky & anor v Smith & Di Stefano [2007] NSWLEC 519

Resevsky & anor v Smith & Di Stefano [2007] NSWLEC 519

The Grey Gum has caused significant past damage to boundary walls and poses a risk of further failure due to structural decay; the support from the wall cannot safely be removed without removing the tree, thus removal of the Grey Gum and reconstruction of the wall are necessary and appropriate.

Parties
Applicant: Mark Resevsky; Applicant: Andrea Resevsky; Respondent: Ian Smith; Respondent: Rose Di Stefano
Jurisdiction
Australia
Judgment Date
31 July 2007
Procedural Posture
Neighbour Application Under Trees (disputes Between Neighbours) Act 2006 / Ex Tempore Judgment
Outcome
Application allowed in part. Orders made for removal of the Grey Gum and replacement of damaged boundary wall sections at the respondents' expense.
Legal Topics
Trees and Boundary Disputes, Damage to Boundary Structures
Property Law Environmental Law Trees and Boundary Disputes Damage to Boundary Structures

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Parties

Mark Resevsky

Applicant

Andrea Resevsky

Applicant

Ian Smith

Respondent

Rose Di Stefano

Respondent

Procedural Posture

Neighbour Application Under Trees (disputes Between Neighbours) Act 2006 / Ex Tempore Judgment

Legal Issues

  1. 1 Whether the Grey Gum tree caused damage to the boundary wall under the Trees (Disputes Between Neighbours) Act 2006
  2. 2 Whether orders should be made for removal of the tree and reconstruction of the wall

Ratio Decidendi

The Grey Gum has caused significant past damage to boundary walls and poses a risk of further failure due to structural decay; the support from the wall cannot safely be removed without removing the tree, thus removal of the Grey Gum and reconstruction of the wall are necessary and appropriate.

Court Disposition

Application allowed in part. Orders made for removal of the Grey Gum and replacement of damaged boundary wall sections at the respondents' expense.

Orders

  • Grey Gum (Eucalyptus punctata) on the respondents' property to be removed and stump-ground to 200 mm below ground by AQF level 3 qualified arborist at respondents' expense within 60 days; arborist to have access to relevant properties as specified; after removal, applicants to provide three written quotations for...