Ward v Huang [2011] NSWLEC 1217

Ward v Huang [2011] NSWLEC 1217

Both Camphor laurel trees are senescent, unhealthy, and structurally unsound, posing a risk of injury to persons, satisfying s 10(2)(b) of the Act. Removal, not mere branch removal, is necessary to alleviate the risk.

Source-derived case information.

Parties
Applicant: Mr J Ward; Respondent: Mr Chen Xin Huang
Jurisdiction
Australia
Judgment Date
21 July 2011
Procedural Posture
Application Pursuant to Part 2 S 7 of the Trees (disputes Between Neighbours) Act 2006 / Principal Judgment
Outcome
Application upheld
Legal Topics
Neighbour Disputes, Tree Removal, Risk of Injury
Property Law Neighbour Disputes Tree Removal Risk of Injury

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Parties

Mr J Ward

Applicant

Mr Chen Xin Huang

Respondent

Procedural Posture

Application Pursuant to Part 2 S 7 of the Trees (disputes Between Neighbours) Act 2006 / Principal Judgment

Legal Issues

  1. 1 Whether the Camphor laurel trees pose a risk of injury to persons using the applicant's courtyard
  2. 2 Whether orders for removal of the trees should be made under s 10(2)(b) of the Trees (Disputes Between Neighbours) Act 2006

Ratio Decidendi

Both Camphor laurel trees are senescent, unhealthy, and structurally unsound, posing a risk of injury to persons, satisfying s 10(2)(b) of the Act. Removal, not mere branch removal, is necessary to alleviate the risk.

Court Disposition

Application upheld

Orders

  • The respondent is to arrange for and pay for the removal of the two Camphor laurel trees situated in the centre of the rear garden of 6 Dumaresq Street, Gordon. The trees are to be cut to a point no higher than 2 m above ground.
  • The removal is to be completed within 30 days of the date of these orders.