Murphy v Maggio [2008] NSWLEC 1132

Murphy v Maggio [2008] NSWLEC 1132

The Court found on the evidence that the tree had caused damage to Mr Murphy's property and posed an ongoing risk of injury to persons and damage to property, meeting the jurisdictional threshold in s 10(2) of the Act. Orders for removal in two stages were therefore appropriate.

Parties
Applicant: Mr P Murphy; Respondent: Mr N Maggio
Jurisdiction
Australia
Judgment Date
19 March 2008
Procedural Posture
Trees (neighbours) Dispute / Ex Tempore Judgment at Hearing
Outcome
Orders made for staged removal of the tree subject to respondent's further submissions within 21 days.
Legal Topics
Trees (disputes Between Neighbours) Act 2006, Tree Removal, Neighbour Disputes
Environmental Law Trees (disputes Between Neighbours) Act 2006 Tree Removal Neighbour Disputes

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Parties

Mr P Murphy

Applicant

Mr N Maggio

Respondent

Procedural Posture

Trees (neighbours) Dispute / Ex Tempore Judgment at Hearing

Legal Issues

  1. 1 Whether the tree on Mr Maggio's property caused or is likely to cause damage to Mr Murphy's property or injure persons
  2. 2 Whether orders should be made for pruning or removal of the tree

Ratio Decidendi

The Court found on the evidence that the tree had caused damage to Mr Murphy's property and posed an ongoing risk of injury to persons and damage to property, meeting the jurisdictional threshold in s 10(2) of the Act. Orders for removal in two stages were therefore appropriate.

Court Disposition

Orders made for staged removal of the tree subject to respondent's further submissions within 21 days.

Orders

  • Substantial element of the tree to be removed within three months of date of orders.
  • Remainder of the tree to be removed within nine months of date of orders.