Murphy v Maggio [2014] NSWLEC 1166

Murphy v Maggio [2014] NSWLEC 1166

The Court upheld the application because fallen branches from the tree had caused damage, the tree was likely in the near future to cause damage to the applicant's property and likely to cause injury to a person, attempts to reach agreement had been made and agreement had been reached, and pruning sufficient to reduce risk would make the tree non-viable, reduce its landscape value and impose onerous ongoing management. Having considered the Section 10 and s 12 matters, removal was appropriate.

Jurisdiction
Australia
Judgment Date
21 August 2014
Procedural Posture
Class 2 Application Under Part 2 of the Trees (disputes Between Neighbours) Act 2006 Seeking Orders for Removal of a Tree / Final Decision and Orders
Outcome
The application is upheld.
Legal Topics
['damage From Trees' 'risk of Injury' 'tree Removal' 'neighbour Disputes']
['tree Disputes' 'land and Environment'] ['damage From Trees' 'risk of Injury' 'tree Removal' 'neighbour Disputes']

Case Brief

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Procedural Posture

Class 2 Application Under Part 2 of the Trees (disputes Between Neighbours) Act 2006 Seeking Orders for Removal of a Tree / Final Decision and Orders

Legal Issues

  1. 1 ["Whether the Scribbly Gum had caused damage and was likely in the near future to cause damage to the applicant's property." 'Whether the Scribbly Gum was likely to cause injury to a person.' 'Whether the Court should order removal of the tree after considering the matters under Section 10 and s 12 of the Trees (Disputes Between Neighbours) Act 2006.']

Ratio Decidendi

The Court upheld the application because fallen branches from the tree had caused damage, the tree was likely in the near future to cause damage to the applicant's property and likely to cause injury to a person, attempts to reach agreement had been made and agreement had been reached, and pruning sufficient to reduce risk would make the tree non-viable, reduce its landscape value and impose onerous ongoing management. Having considered the Section 10 and s 12 matters, removal was appropriate.

Court Disposition

The application is upheld.

Orders

  • ['The application is upheld.' 'The respondent shall arrange and pay for the removal of the Scribbly Gum located in the front garden of his property to a height of no greater than 500mm above ground level.' 'The tree shall be removed within 30 days of the date of these Orders.' 'The works in order (2) shall be...