Lardner v Bishop [2011] NSWLEC 1149

Lardner v Bishop [2011] NSWLEC 1149

Compensation for alleged property damage was dismissed due to lack of causal link and evidence of serviceable life of structures. Orders to prune dead wood from the respondents' tree were made due to risk of injury under strong wind conditions.

Jurisdiction
Australia
Judgment Date
20 May 2011
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Principal Judgment
Outcome
Application for compensation dismissed; orders to prune tree made.
Legal Topics
['tree Disputes' 'damage to Property' 'injury to Persons' 'compensation' 'pruning Orders']
['property Law' 'environmental Law'] ['tree Disputes' 'damage to Property' 'injury to Persons' 'compensation' 'pruning Orders']

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Procedural Posture

Application Under Trees (disputes Between Neighbours) Act 2006 / Principal Judgment

Legal Issues

  1. 1 ["Whether the respondents' tree caused damage to the applicant's property" "Whether the respondents' tree presents a risk of injury to persons" 'Whether compensation is payable for damage to pool, shed, fence, and application expenses' 'Whether orders should be made regarding pruning of the tree']

Ratio Decidendi

Compensation for alleged property damage was dismissed due to lack of causal link and evidence of serviceable life of structures. Orders to prune dead wood from the respondents' tree were made due to risk of injury under strong wind conditions.

Court Disposition

Application for compensation dismissed; orders to prune tree made.

Orders

  • ['Application for compensation in its entirety is dismissed.' 'Respondent to engage and pay for an AQF level 3 arborist with appropriate insurance to remove all dead wood down to 25 mm in diameter from the Bluegum tree.' 'Work to be carried out in accordance with AS4373 Pruning of Amenity Trees and NSW WorkCover...