Yari v Bugden & Anor [2009] NSWLEC 1151

Yari v Bugden & Anor [2009] NSWLEC 1151

The evidence showed that the tree had caused damage to the roof of Ms Yari's house on numerous occasions, satisfying the first test in s 10(2)(a) of the Trees (Disputes Between Neighbours) Act 2006, so the Court was able to make orders regarding the tree. The parties' agreed proposed orders regarding removal and compensation were acceptable and were made as consent orders.

Jurisdiction
Australia
Judgment Date
28 April 2009
Procedural Posture
Application Under the Trees (disputes Between Neighbours) Act 2006 / Extempore Judgment; Consent Orders
Outcome
Application upheld in part; consent orders made.
Legal Topics
['damage Caused by Trees' 'removal of Tree' 'compensation' 'consent Orders']
['trees Disputes' 'property Law' 'neighbour Disputes'] ['damage Caused by Trees' 'removal of Tree' 'compensation' 'consent Orders']

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Procedural Posture

Application Under the Trees (disputes Between Neighbours) Act 2006 / Extempore Judgment; Consent Orders

Legal Issues

  1. 1 ["Whether the Eucalyptus tree had caused damage to the applicant's property within s 10(2)(a) of the Trees (Disputes Between Neighbours) Act 2006." 'Whether orders should be made for removal of the tree, stump grinding, access, and payment of compensation or costs.']

Ratio Decidendi

The evidence showed that the tree had caused damage to the roof of Ms Yari's house on numerous occasions, satisfying the first test in s 10(2)(a) of the Trees (Disputes Between Neighbours) Act 2006, so the Court was able to make orders regarding the tree. The parties' agreed proposed orders regarding removal and compensation were acceptable and were made as consent orders.

Court Disposition

Application upheld in part; consent orders made.

Orders

  • ['The tree shall be removed and the stump ground out by 30 June 2009.' 'The Bugdens shall organise the work and make payment to the contractor, but their payment for the tree work shall be capped at $970 in accordance with the quotation received on 28 April 2009.' 'The Bugdens shall pay to Mrs Yari by 31 July 2009,...