Ballard v Pedruco [2010] NSWLEC 1192

Evidence established the tree had caused damage to water pipes and posed a risk of future damage, and removal was necessary as alternatives such as a root barrier were impractical.

Jurisdiction: Australia
Judgment Date: 14 July 2010
Procedural Posture: Application Under Trees (disputes Between Neighbours) Act 2006 / Judgment
Outcome: Application upheld. Orders made for removal of the tree at respondent's cost.
Legal Topics: ['tree Disputes' 'damage to Property' 'tree Removal']

['environmental Law' 'property Law'] ['tree Disputes' 'damage to Property' 'tree Removal']

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

Procedural Posture

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

Legal Issues

1 ["Whether the respondent's tree has caused or is likely to cause damage to the applicant's property under the Trees (Disputes Between Neighbours) Act 2006"]

Ratio Decidendi

Evidence established the tree had caused damage to water pipes and posed a risk of future damage, and removal was necessary as alternatives such as a root barrier were impractical.

Court Disposition

Application upheld. Orders made for removal of the tree at respondent's cost.

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 and poison the stump.' 'The work is to be carried out in accordance with the WorkCover Code of Practice for the Amenity Tree Industry.' 'The work is to be completed...