Yang v Scerri [2007] NSWLEC 592

Yang v Scerri [2007] NSWLEC 592

Based on inspection and the ecodesign arborist’s report, the Court was not satisfied the tree was likely in the near future (within 12 months) to cause damage or injury, so removal was not ordered. Maintenance and inspection orders were made to address ongoing concerns.

Jurisdiction
Australia
Judgment Date
31 August 2007
Procedural Posture
Neighbour Application – Tree Dispute / Judgment (ex Tempore)
Outcome
Application upheld in part; tree removal refused; maintenance and inspection orders made; compensation claim refused.
Legal Topics
['tree Disputes' 'neighbourhood Disputes' 'damage to Property' 'personal Injury Risk']
['property Law' 'environmental Law'] ['tree Disputes' 'neighbourhood Disputes' 'damage to Property' 'personal Injury Risk']

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Procedural Posture

Neighbour Application – Tree Dispute / Judgment (ex Tempore)

Legal Issues

  1. 1 ["Whether the tree has caused, is causing, or is likely in the near future to cause damage to the applicant's property under cl 10(2)(a) of the Trees (Disputes Between Neighbours) Act 2006" 'Whether the tree is likely to cause injury to any person under cl 10(2)(b) of the Act' "Appropriate test for 'likely in the near future' in cl 10(2)(a)"]

Ratio Decidendi

Based on inspection and the ecodesign arborist’s report, the Court was not satisfied the tree was likely in the near future (within 12 months) to cause damage or injury, so removal was not ordered. Maintenance and inspection orders were made to address ongoing concerns.

Court Disposition

Application upheld in part; tree removal refused; maintenance and inspection orders made; compensation claim refused.

Orders

  • ['Respondent to remove all dead wood within 3m of the common boundary greater than 30mm in diameter.' 'Aerial inspection of the tree for defective branches to be undertaken within 60 days, and annually thereafter; defective branches within 3m of the common boundary to be removed, defined as those highly likely to...