Owners Corporation Strata Plan 78206 v Asher [2007] NSWLEC 849

Owners Corporation Strata Plan 78206 v Asher [2007] NSWLEC 849

The Court found the tree is dead and likely to cause further damage; however, as the parties reached agreement—including tree removal and compensation for repair costs—and the applicant no longer sought orders, the application was dismissed.

Parties
Applicant: Owners Corporation Strata Plan 78206; Respondent: Bevan Asher
Jurisdiction
Australia
Judgment Date
10 December 2007
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Ex Tempore Decision Final
Outcome
Application dismissed by consent; noted parties' agreement regarding tree removal and compensation.
Legal Topics
Tree Disputes, Property Damage, Risk of Injury
Environmental Law Property Law Tree Disputes Property Damage Risk of Injury

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Parties

Owners Corporation Strata Plan 78206

Applicant

Bevan Asher

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the tree caused or is likely to cause damage to applicant's property or injury to persons
  2. 2 Whether the risk or damage is sufficiently serious to warrant intervention
  3. 3 Entitlement to compensation for repairs and application costs

Ratio Decidendi

The Court found the tree is dead and likely to cause further damage; however, as the parties reached agreement—including tree removal and compensation for repair costs—and the applicant no longer sought orders, the application was dismissed.

Court Disposition

Application dismissed by consent; noted parties' agreement regarding tree removal and compensation.

Orders

  • Mr Asher to pay $495.00 to Owners Corporation for repairs by 10 December 2007.
  • Mr Asher to have the tree removed by Christmas 2007 or by 31 January 2008, at his own cost.