Cloake v Nolan-Neylan [2019] NSWLEC 1105

Cloake v Nolan-Neylan [2019] NSWLEC 1105

The risk of total tree failure is low, but a damaged limb and overextended branches pose sufficient risk to warrant pruning rather than removal. Routine maintenance is a reasonable expectation for urban property owners; pruning will mitigate the risk of damage without removal.

Jurisdiction
Australia
Judgment Date
14 March 2019
Procedural Posture
Class 2 / Principal Judgment
Outcome
Pruning orders granted; tree removal not required.
Legal Topics
['trees (disputes Between Neighbours)' 'pruning Orders' 'risk of Damage or Injury']
['environmental Law' 'property Law'] ['trees (disputes Between Neighbours)' 'pruning Orders' 'risk of Damage or Injury']

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Procedural Posture

Class 2 / Principal Judgment

Legal Issues

  1. 1 ["Whether the trees on the respondent's property pose a risk of damage or injury to the applicant's property" 'Whether the trees should be removed or pruned as a remedy']

Ratio Decidendi

The risk of total tree failure is low, but a damaged limb and overextended branches pose sufficient risk to warrant pruning rather than removal. Routine maintenance is a reasonable expectation for urban property owners; pruning will mitigate the risk of damage without removal.

Court Disposition

Pruning orders granted; tree removal not required.

Orders

  • ['Within 60 days, the respondent is to engage and pay for a suitably qualified and experienced arborist (minimum AQF level 3) with all appropriate insurances to carry out specified pruning works on two trees.' "Pruning to include: removal of large damaged limb on southern tree, removal of deadwood (>50 mm diameter)...