McNally v Kalache [2007] NSWLEC 692

McNally v Kalache [2007] NSWLEC 692

Occasional dropping of live branches and debris does not constitute a likely risk of injury or damage; the tree contributes to public amenity and landscape. Only dead wood in the canopy presents sufficient risk to warrant pruning, not removal.

Parties
Applicant: Mr and Mrs McNally; Respondent: Ms J. Kalache
Jurisdiction
Australia
Judgment Date
15 October 2007
Procedural Posture
Tree Dispute Application / Final Judgment
Outcome
tree to be pruned, not removed
Legal Topics
Trees (neighbours), Removal and Pruning of Trees
Property Law Environmental Law Trees (neighbours) Removal and Pruning of Trees

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Parties

Mr and Mrs McNally

Applicant

Ms J. Kalache

Respondent

Procedural Posture

Tree Dispute Application / Final Judgment

Legal Issues

  1. 1 Whether the Eucalyptus moluccana tree should be removed or pruned due to potential damage or risk to the applicant's property

Ratio Decidendi

Occasional dropping of live branches and debris does not constitute a likely risk of injury or damage; the tree contributes to public amenity and landscape. Only dead wood in the canopy presents sufficient risk to warrant pruning, not removal.

Court Disposition

tree to be pruned, not removed

Orders

  • The Grey Box tree shall be pruned to remove dead wood with diameter larger than 40 mm from the canopy overhanging 8 Kilmorey Street.
  • Pruning to be done by an experienced arborist with AQF Level 3 qualification or equivalent, within 6 months and at intervals not exceeding 5 years thereafter.