Rogers v Relf & anor [2016] NSWLEC 1018

Rogers v Relf & anor [2016] NSWLEC 1018

While damage to property was established from branch failure, removal of Tree 1 is not warranted; appropriate remedy is selective removal of dangerous branches and regular pruning; compensation granted only for established insurance excess; no intervention for other trees due to lack of evidence of damage or connection to alleged injury.

Parties
Applicant: Mr M Rogers; Respondents: Mr C Relf and Ms D Smith
Jurisdiction
Australia
Judgment Date
27 January 2016
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Final Judgment
Outcome
Application granted in part: removal of Tree 1 refused; compensation partially awarded; orders for selective pruning and maintenance of Tree 1.
Legal Topics
Tree Disputes, Compensation for Property Damage, Neighbourhood Nuisance
Property Law Tort Law Tree Disputes Compensation for Property Damage Neighbourhood Nuisance

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Parties

Mr M Rogers

Applicant

Mr C Relf and Ms D Smith

Respondents

Procedural Posture

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

Legal Issues

  1. 1 Whether the trees have caused, are causing or are likely to cause damage to the applicant's property under s 10(2) of the Act
  2. 2 Whether compensation should be awarded for damage to property
  3. 3 Whether removal or pruning of the trees is warranted

Ratio Decidendi

While damage to property was established from branch failure, removal of Tree 1 is not warranted; appropriate remedy is selective removal of dangerous branches and regular pruning; compensation granted only for established insurance excess; no intervention for other trees due to lack of evidence of damage or connection to alleged injury.

Court Disposition

Application granted in part: removal of Tree 1 refused; compensation partially awarded; orders for selective pruning and maintenance of Tree 1.

Orders

  • Application to remove Tree 1 is refused.
  • Application for compensation is granted in part.