Blue v Camelleri [2007] NSWLEC 138

Blue v Camelleri [2007] NSWLEC 138

The Court found the risk of trunk failure remote and insufficient to warrant removal or major intervention, but made precautionary orders to protect the tree and require future inspection and reporting, balancing prudence with the need for protection.

Parties
Applicant: N & J Blue; Respondent: F & R Camelleri
Jurisdiction
Australia
Judgment Date
16 March 2007
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Ex Tempore Judgment
Outcome
precautionary orders granted; application for removal not granted
Legal Topics
Tree Disputes, Precautionary Orders, Damage to Property, Injury Prevention
Environmental Law Property Law Tree Disputes Precautionary Orders Damage to Property Injury Prevention

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Parties

N & J Blue

Applicant

F & R Camelleri

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the eucalypt tree on respondent's property poses a significant risk to applicant's property and/or person
  2. 2 Whether removal or other orders should be made under s 9 of the Trees (Disputes Between Neighbours) Act 2006

Ratio Decidendi

The Court found the risk of trunk failure remote and insufficient to warrant removal or major intervention, but made precautionary orders to protect the tree and require future inspection and reporting, balancing prudence with the need for protection.

Court Disposition

precautionary orders granted; application for removal not granted

Orders

  • No excavation deeper than 100 mm within 3 m of the trunk base is permitted without further order of the Court.
  • Owners of 44 Rock Farm Avenue must organise an inspection and report on the tree by an AQF Level 5 qualified arborist not earlier than 21 months and not later than 24 months from the order date.