Hepworth & anor v Walker [2014] NSWLEC 1248

Hepworth & anor v Walker [2014] NSWLEC 1248

The Court found that s 10(2) was satisfied for each tree due to the risk and history of damage and injury, upheld the application for removal, and ordered that the costs be shared equally, as both parties agreed and the removal was justified.

Jurisdiction
Australia
Judgment Date
02 December 2014
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Judgment/principal Judgment
Outcome
Application upheld; tree removal ordered; costs to be shared equally.
Legal Topics
['tree Disputes' 'damage to Property' 'apportionment of Costs' 'injury From Vegetation']
['property Law' 'environmental Law'] ['tree Disputes' 'damage to Property' 'apportionment of Costs' 'injury From Vegetation']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the trees have caused, are causing, or are likely to cause damage or injury under s 10(2) Trees (Disputes Between Neighbours) Act 2006' 'Whether orders should be made for tree removal and how costs should be apportioned']

Ratio Decidendi

The Court found that s 10(2) was satisfied for each tree due to the risk and history of damage and injury, upheld the application for removal, and ordered that the costs be shared equally, as both parties agreed and the removal was justified.

Court Disposition

Application upheld; tree removal ordered; costs to be shared equally.

Orders

  • ['Application to remove the trees upheld.' 'Parties to obtain up to two quotes each from insured AQF level 3 arborists for removal and stump poisoning to 300mm above ground; cheapest quote to be selected if no agreement.' 'Respondent to engage contractor and pay upfront.' 'Work to comply with WorkCover NSW Code of...