Kamboj v Breach; Gonzales v Breach [2016] NSWLEC 1584

Kamboj v Breach; Gonzales v Breach [2016] NSWLEC 1584

The advanced decline and hazardous nature of the Eucalypt tree satisfies s 10(2) Trees Act, warranting removal; damage to fence is mainly aesthetic and likely pre-existing, so remedy is limited to refixing palings, not full removal to ground level.

Jurisdiction
Australia
Judgment Date
06 December 2016
Procedural Posture
Tree Dispute / Final Determination
Outcome
Application granted
Legal Topics
['tree Disputes' 'damage to Property' 'potential Injury']
['property Law' 'environmental Law'] ['tree Disputes' 'damage to Property' 'potential Injury']

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Procedural Posture

Tree Dispute / Final Determination

Legal Issues

  1. 1 ['Whether the Eucalypt tree is likely to cause damage to property or injury to persons under s 10(2) of the Trees (Disputes Between Neighbours) Act 2006' 'Whether the applicant is entitled to orders for removal of the tree due to damage or hazard']

Ratio Decidendi

The advanced decline and hazardous nature of the Eucalypt tree satisfies s 10(2) Trees Act, warranting removal; damage to fence is mainly aesthetic and likely pre-existing, so remedy is limited to refixing palings, not full removal to ground level.

Court Disposition

Application granted

Orders

  • ['Within 90 days, respondent to engage and pay for qualified arborist to remove tree to maximum height of 3m above ground.' 'Work to be carried out per WorkCover NSW Code of Practice for Amenity Tree Industry.' 'Applicants to provide reasonable access for quoting and works.' "Respondent to refix loose or dislodged...