Bellette v Rubin & ors [2014] NSWLEC 1080

Bellette v Rubin & ors [2014] NSWLEC 1080

The tree has caused damage to the applicant's property and there is a reasonably foreseeable risk of further failure that could cause serious damage or injury; therefore, orders are made for removal of the tree by the first respondent at their cost. No orders are made regarding the fence due to lack of sufficient evidence of causation.

Jurisdiction
Australia
Judgment Date
09 May 2014
Procedural Posture
Tree Dispute Application Under the Trees (disputes Between Neighbours) Act 2006 / Final Orders
Outcome
Application upheld in part.
Legal Topics
['tree Disputes' 'damage to Property' 'injury to Persons' 'orders for Removal']
['property Law' 'environmental Law'] ['tree Disputes' 'damage to Property' 'injury to Persons' 'orders for Removal']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

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

Procedural Posture

Tree Dispute Application Under the Trees (disputes Between Neighbours) Act 2006 / Final Orders

Legal Issues

  1. 1 ['Whether the tree has caused or is likely to cause damage to property or injury to persons under s 10(2) of the Trees (Disputes Between Neighbours) Act 2006' 'Whether the first respondent should be ordered to pay for removal of the tree' 'Whether orders should be made regarding repair or replacement of the dividing fence']

Ratio Decidendi

The tree has caused damage to the applicant's property and there is a reasonably foreseeable risk of further failure that could cause serious damage or injury; therefore, orders are made for removal of the tree by the first respondent at their cost. No orders are made regarding the fence due to lack of sufficient evidence of causation.

Court Disposition

Application upheld in part.

Orders

  • ['Within 60 days, first respondent to engage and pay for an AQF level 3 arborist (with insurance) to remove the Liquidambar at rear of 8 Bowen Avenue, Turramurra, to a point no higher than 3m above ground; stump to be poisoned to prevent regrowth.' 'Work to be carried out in accordance with WorkCover NSW Code of...