Stasch v Darvodelsky [2011] NSWLEC 1173

Stasch v Darvodelsky [2011] NSWLEC 1173

Court found that only tree 2, Angophora costata, met the statutory test for likelihood of causing damage or injury near the applicant's property due to terminal dead wood. Orders for regular dead wood removal were appropriate to minimise risk. No orders were made for the other trees, inspections, or compensation.

Parties
Applicant: Mr K Stasch; Respondent: Mr P Darvodelsky
Jurisdiction
Australia
Judgment Date
27 June 2011
Procedural Posture
Tree Dispute / Final Decision
Outcome
Application upheld in part
Legal Topics
Tree Disputes Between Neighbours, Potential Damage to Property, Personal Injury From Trees
Property Law Environmental Law Tree Disputes Between Neighbours Potential Damage to Property Personal Injury From Trees

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Parties

Mr K Stasch

Applicant

Mr P Darvodelsky

Respondent

Procedural Posture

Tree Dispute / Final Decision

Legal Issues

  1. 1 Whether the trees on the respondent's property are likely to cause damage to the applicant's property or injury to persons
  2. 2 Jurisdiction of the court under s 10(2) of the Trees (Disputes Between Neighbours) Act 2006
  3. 3 Appropriate orders for maintenance or removal of dead wood from trees

Ratio Decidendi

Court found that only tree 2, Angophora costata, met the statutory test for likelihood of causing damage or injury near the applicant's property due to terminal dead wood. Orders for regular dead wood removal were appropriate to minimise risk. No orders were made for the other trees, inspections, or compensation.

Court Disposition

Application upheld in part

Orders

  • The respondent is to engage and pay for an AQF level 3 arborist to remove dead wood down to 20mm diameter from the canopy of the southern trunk of tree 2 (Angophora costata).
  • The work is to be carried out in accordance with AS4373:2007 Pruning of Amenity Trees and the WorkCover NSW Code of Practice for the Amenity Tree Industry.