Clemson v Freeburn [2010] NSWLEC 1298

Clemson v Freeburn [2010] NSWLEC 1298

The roots of Tree 1 have caused damage to the applicant's property; Tree 2's canopy could cause damage; Tree 3 has lifted paving, meeting the statutory criteria for orders under the Act. Appropriate orders by consent were made for rectification, pruning, compensation, and shared responsibility for works.

Jurisdiction
Australia
Judgment Date
29 October 2010
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Consent Orders After Hearing
Outcome
Application upheld in part by consent orders.
Legal Topics
['tree Disputes' 'neighbour Disputes' 'damage to Property' 'injury to Persons' 'consent Orders']
['environmental Law' 'property Law'] ['tree Disputes' 'neighbour Disputes' 'damage to Property' 'injury to Persons' 'consent Orders']

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Procedural Posture

Application Under Trees (disputes Between Neighbours) Act 2006 / Consent Orders After Hearing

Legal Issues

  1. 1 ["Whether the trees on the respondent's property have caused damage to the applicant's property or pose a risk of injury to persons under the Trees (Disputes Between Neighbours) Act 2006." 'What remedial or preventive orders are appropriate in relation to the trees identified.']

Ratio Decidendi

The roots of Tree 1 have caused damage to the applicant's property; Tree 2's canopy could cause damage; Tree 3 has lifted paving, meeting the statutory criteria for orders under the Act. Appropriate orders by consent were made for rectification, pruning, compensation, and shared responsibility for works.

Court Disposition

Application upheld in part by consent orders.

Orders

  • ['Respondent to pay applicant $1,500.00 within 14 days.' 'Applicant to undertake rectification work to front garden bed, including severing exposed roots, application of Root Guard, rectification or replacement of driveway and pathway.' 'Respondent to provide skip bin upon request for debris disposal.' 'Parties to...