Stipancic v Macdonell [2010] NSWLEC 1261

The tree is likely to cause injury to persons and has caused damage to property. The tree has reached senescence, is structurally unsound, and poses an ongoing risk. Ecological values do not outweigh the risks established; removal is justified.

Parties: Applicant: Mr Z Stipancic; Applicant: Mrs M Stipancic; Respondent: Mr D Macdonell
Jurisdiction: Australia
Judgment Date: 20 September 2010
Procedural Posture: Application Under Trees (disputes Between Neighbours) Act 2006 / Final Judgment
Outcome: Application upheld; orders for removal of tree granted.
Legal Topics: Tree Disputes, Neighbour Disputes, Injury to Persons, Removal of Tree

Environmental Law Property Law Tree Disputes Neighbour Disputes Injury to Persons Removal of Tree

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2

Parties

Mr Z Stipancic

Applicant

Mrs M Stipancic

Applicant

Mr D Macdonell

Respondent

Procedural Posture

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

Legal Issues

1 Whether the tree is likely to cause injury to persons or damage to property under s 10(2)
2 Appropriate orders having regard to ecological and other factors under s 12

Ratio Decidendi

Court Disposition

Application upheld; orders for removal of tree granted.

Orders

The application to remove the tree is upheld.
The respondent is to engage and pay for an AQF level 3 arborist to remove the tree to ground level or a maximum of 4 metres above ground level. The remaining stump is to be poisoned to prevent regrowth.