Aguis v Forrester [2008] NSWLEC 1434

Aguis v Forrester [2008] NSWLEC 1434

The tree in question has caused damage to the applicant's property and is likely, in the near future, to cause further damage and injury due to the condition of specific branches, and therefore meets the statutory criteria for an order; intervention is warranted, specifically the removal and pruning of certain branches, with costs shared equally.

Parties
Applicant: Maurice Aguis; Respondent: Isabel Forrester
Jurisdiction
Australia
Judgment Date
16 October 2008
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Judgment
Outcome
Application upheld
Legal Topics
Trees (neighbours), Damage to Property, Injury to Person, Pruning of Trees
Property Law Environmental Law Trees (neighbours) Damage to Property Injury to Person Pruning of Trees

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Parties

Maurice Aguis

Applicant

Isabel Forrester

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the Lemon Scented Gum tree has caused or is likely to cause damage to neighbour's property
  2. 2 Whether the tree is likely to cause injury to any person
  3. 3 Appropriate orders for pruning or removal under the Act

Ratio Decidendi

The tree in question has caused damage to the applicant's property and is likely, in the near future, to cause further damage and injury due to the condition of specific branches, and therefore meets the statutory criteria for an order; intervention is warranted, specifically the removal and pruning of certain branches, with costs shared equally.

Court Disposition

Application upheld

Orders

  • The northern trunk of the tree and two poor condition branches on the southern trunk to be pruned by 28 February 2009.
  • Costs of the works to be shared equally by Mr Aguis and Mrs Forrester.