Leech v De Angelis [2019] NSWLEC 1090

Leech v De Angelis [2019] NSWLEC 1090

Based on arboricultural assessment, history of branch failures, and evidence of increasing risk, the tree poses unacceptable risk of injury or damage and must be removed; pruning is not a viable long-term solution.

Jurisdiction
Australia
Judgment Date
06 March 2019
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Final Judgment and Orders
Outcome
Orders granted for removal of the Blackbutt tree, subject to procedural and expense conditions.
Legal Topics
['trees (disputes Between Neighbours)' 'removal and Pruning Orders' 'risk of Injury' 'damage to Property']
['property Law' 'environmental Law'] ['trees (disputes Between Neighbours)' 'removal and Pruning Orders' 'risk of Injury' 'damage to Property']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether the tree on the respondents' property poses a risk of injury or damage to the applicant's property" 'Whether pruning is a viable alternative to removal' 'Whether statutory criteria for making orders under Trees (Disputes Between Neighbours) Act 2006 are satisfied']

Ratio Decidendi

Based on arboricultural assessment, history of branch failures, and evidence of increasing risk, the tree poses unacceptable risk of injury or damage and must be removed; pruning is not a viable long-term solution.

Court Disposition

Orders granted for removal of the Blackbutt tree, subject to procedural and expense conditions.

Orders

  • ["The respondents are to remove the Eucalyptus pilularis (Blackbutt) to near ground level and poison its stump via Sea Street below, not via the applicant's property, with 48 hours notice and work completed by AQF level 3 qualified arborists within 45 days." "The Port Jackson Fig (Ficus rubiginosa) is not to be...