Drmota v Vujic [2011] NSWLEC 1317

Drmota v Vujic [2011] NSWLEC 1317

There is insufficient evidence that the tree is likely to fail or cause significant damage or injury in the near future. Removal on the basis of a single fallen branch or trunk wound would be disproportionate. Pruning to remove dead wood and a hanging branch is a more appropriate response.

Jurisdiction
Australia
Judgment Date
07 November 2011
Procedural Posture
Application Under the Trees (disputes Between Neighbours) Act 2006 / Principal Judgment
Outcome
Application for removal of the tree dismissed; pruning orders made.
Legal Topics
['tree Disputes' 'future Property Damage' 'potential Injury to Persons']
['environmental Law' 'property Law'] ['tree Disputes' 'future Property Damage' 'potential Injury to Persons']

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the subject tree is likely in the near future to cause property damage or personal injury' 'Whether the tree should be removed or pruned under the Trees (Disputes Between Neighbours) Act 2006']

Ratio Decidendi

There is insufficient evidence that the tree is likely to fail or cause significant damage or injury in the near future. Removal on the basis of a single fallen branch or trunk wound would be disproportionate. Pruning to remove dead wood and a hanging branch is a more appropriate response.

Court Disposition

Application for removal of the tree dismissed; pruning orders made.

Orders

  • ['Application to remove tree dismissed.' "Respondents to engage and pay for an AQF level 3 arborist to remove dead wood down to 70mm in diameter at its base from all parts of the tree that overhang the applicant's property to a distance of 3m inside the respondents' property. All hanging branches are to be removed."...