Spence & Anor v Richardson [2011] NSWLEC 1221

Spence & Anor v Richardson [2011] NSWLEC 1221

At least two tests under s 10(2) of the Act were met as the Camphor Laurel tree caused lifting and cracking to the applicant's driveway and affected the gate operation. Removal was appropriate as root pruning or barriers risked further structural damage and instability.

Jurisdiction
Australia
Judgment Date
02 August 2011
Procedural Posture
Class 2 / Final Orders After Hearing
Outcome
Application upheld
Legal Topics
['damage to Property by Trees' 'neighbour Disputes' 'tree Removal Orders']
['property Law' 'environmental Law'] ['damage to Property by Trees' 'neighbour Disputes' 'tree Removal Orders']

Case Brief

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Procedural Posture

Class 2 / Final Orders After Hearing

Legal Issues

  1. 1 ["Whether the Camphor Laurel tree on the respondent's property caused or was likely to cause damage to the applicants' property under s 10(2) of the Trees (Disputes Between Neighbours) Act 2006" 'Appropriateness of orders for removal versus root pruning or barrier installation']

Ratio Decidendi

At least two tests under s 10(2) of the Act were met as the Camphor Laurel tree caused lifting and cracking to the applicant's driveway and affected the gate operation. Removal was appropriate as root pruning or barriers risked further structural damage and instability.

Court Disposition

Application upheld

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 stump and roots adjacent to the dividing fence are to be ground to a minimum depth of 300mm for a minimum distance of 500mm from the fence...