Goodwin v White [2012] NSWLEC 1054

Goodwin v White [2012] NSWLEC 1054

Orders are made for pruning tree 1 to protect electrical service lines because branches are within the 500mm clearance and pose a risk of damage, satisfying s 10(2). Compensation is awarded for property damage that was proven to be caused by the fallen tree (tree 5). No orders are made in relation to other trees or alleged damages due to lack of evidence of causation or because the natural shedding principle applies.

Jurisdiction
Australia
Judgment Date
12 March 2012
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / First Instance Decision
Outcome
Application upheld in part; pruning ordered; compensation ordered in part; remainder dismissed
Legal Topics
['tree Disputes Between Neighbours' 'damage to Property' 'compensation' 'pruning Orders']
['property Law' 'environmental Law'] ['tree Disputes Between Neighbours' 'damage to Property' 'compensation' 'pruning Orders']

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Procedural Posture

Application Under Trees (disputes Between Neighbours) Act 2006 / First Instance Decision

Legal Issues

  1. 1 ["Whether the trees owned by the respondent have caused, are causing, or are likely to cause damage to the applicant's property or injury to any person under s 10(2) of the Trees (Disputes Between Neighbours) Act 2006" 'Whether compensation is payable for damage caused by a fallen tree' 'Whether orders for pruning or root barriers should be made']

Ratio Decidendi

Orders are made for pruning tree 1 to protect electrical service lines because branches are within the 500mm clearance and pose a risk of damage, satisfying s 10(2). Compensation is awarded for property damage that was proven to be caused by the fallen tree (tree 5). No orders are made in relation to other trees or alleged damages due to lack of evidence of causation or because the natural shedding principle applies.

Court Disposition

Application upheld in part; pruning ordered; compensation ordered in part; remainder dismissed

Orders

  • ["Within 60 days, respondent to engage and pay an AQF level 3 arborist to clear applicant's electrical service lines to a distance of 500mm plus 300mm for regrowth, with pruning as per AS4373:2007." 'Work to be carried out per WorkCover NSW Code of Practice for the Amenity Tree Industry.' "Applicant to provide...