Roberts v Denham [2010] NSWLEC 1269

Roberts v Denham [2010] NSWLEC 1269

The applicant failed to prove a nexus between the tree and the alleged property damage, and the risk of injury from the tree was not established; therefore, removal and compensation were refused. However, given dead wood in the canopy, pruning was ordered as a precautionary measure.

Jurisdiction
Australia
Judgment Date
11 October 2010
Procedural Posture
Tree Dispute Application / Judgment
Outcome
tree removal and compensation dismissed; pruning ordered
Legal Topics
['tree Disputes' 'damage to Property' 'risk of Injury' 'neighbourhood Disputes']
['environmental Law' 'property Law'] ['tree Disputes' 'damage to Property' 'risk of Injury' 'neighbourhood Disputes']

Case Brief

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Procedural Posture

Tree Dispute Application / Judgment

Legal Issues

  1. 1 ["Whether the tree on the respondents' property caused damage to the applicant's property" "Whether the tree posed a risk of injury to persons on the applicant's property" 'Whether the tree should be removed and compensation awarded']

Ratio Decidendi

The applicant failed to prove a nexus between the tree and the alleged property damage, and the risk of injury from the tree was not established; therefore, removal and compensation were refused. However, given dead wood in the canopy, pruning was ordered as a precautionary measure.

Court Disposition

tree removal and compensation dismissed; pruning ordered

Orders

  • ['The application to remove the tree is dismissed.' 'The application for $20,000 in compensation is dismissed.' 'Unless the tree has been removed, the respondents are to engage and pay for an AQF level 3 arborist to remove all dead wood down to 30mm in diameter from the tree.' 'This work is to be carried out in...