Tasdemir v Fahey [2009] NSWLEC 1418

Tasdemir v Fahey [2009] NSWLEC 1418

The roots of the respondent's avocado tree had caused damage to the applicant's storm water and sewer pipes and would continue to do so in the near future; because replacing those pipes would damage structural roots and compromise the tree's structural integrity, the s10(2) jurisdiction was enlivened and removal of...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
11 December 2009
Procedural Posture
Application Pursuant to S 7 of the Trees (disputes Between Neighbours) Act 2006 / Ex Tempore Judgment
Outcome
Application to remove the tree upheld.
Legal Topics
['removal of Tree' 'damage to Sewer and Storm Water Pipes' 'damage to Dividing Fence']
['trees (neighbours)' 'property Damage'] ['removal of Tree' 'damage to Sewer and Storm Water Pipes' 'damage to Dividing Fence']

Source-derived case record

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Procedural Posture

Application Pursuant to S 7 of the Trees (disputes Between Neighbours) Act 2006 / Ex Tempore Judgment

Legal Issues

  1. 1 ["Whether the avocado tree caused, is causing, or is likely in the near future to cause damage to the applicant's property under s10(2) of the Trees (Disputes Between Neighbours) Act 2006." 'Whether the Court should order removal of the tree.']

Ratio Decidendi

The roots of the respondent's avocado tree had caused damage to the applicant's storm water and sewer pipes and would continue to do so in the near future; because replacing those pipes would damage structural roots and compromise the tree's structural integrity, the s10(2) jurisdiction was enlivened and removal of the tree was warranted.

Court Disposition

Application to remove the tree upheld.

Orders

  • ['The application to remove the tree is upheld.' 'The respondent is to engage and pay for an AQF level 3 arborist with the appropriate insurances to remove the tree to ground level and to grind the stump to at least 200 mm below grade.' 'The work is to be carried out in accordance with the WorkCover Code of Practice...