Papas v Panagiotopoulos & anor [2015] NSWLEC 1440

Papas v Panagiotopoulos & anor [2015] NSWLEC 1440

The tree presents a significant risk of failure and potential injury/damage following removal of the shed due to arboricultural factors; removal is warranted. However, the tree’s contribution to the shed's poor condition is minor. Compensation for replacement of the shed is not reasonable, as its deterioration is primarily attributable to age and construction—not tree damage.

Jurisdiction
Australia
Judgment Date
30 October 2015
Procedural Posture
Trees (disputes Between Neighbours) Act 2006 Application / Principal Judgment
Outcome
Application upheld
Legal Topics
['tree Removal' 'damage to Property' 'compensation' 'neighbour Disputes']
['environmental Law' 'property Law'] ['tree Removal' 'damage to Property' 'compensation' 'neighbour Disputes']

Case Brief

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Procedural Posture

Trees (disputes Between Neighbours) Act 2006 Application / Principal Judgment

Legal Issues

  1. 1 ['Whether the Jacaranda tree has caused or is likely to cause damage or injury under s 7 of the Trees (Disputes Between Neighbours) Act 2006' 'Whether compensation for shed replacement should be ordered']

Ratio Decidendi

The tree presents a significant risk of failure and potential injury/damage following removal of the shed due to arboricultural factors; removal is warranted. However, the tree’s contribution to the shed's poor condition is minor. Compensation for replacement of the shed is not reasonable, as its deterioration is primarily attributable to age and construction—not tree damage.

Court Disposition

Application upheld

Orders

  • ['The respondents are to engage and pay for a suitably qualified arborist (minimum AQF level 3) to remove the tree to no more than 60 cm above ground level within 60 days, in accordance with WorkCover NSW Code of Practice for the Amenity Tree Industry.' 'The applicant is to allow access for the works during...