Donaghy v Hammond [2021] NSWLEC 1526

Donaghy v Hammond [2021] NSWLEC 1526

The tree overhanging the applicant's property has caused minor damage demonstrable by evidence, and further significant damage is likely due to the presence of overextended limbs and deadwood. Orders are required for further pruning and for a qualified arborist to prepare a management plan. Removal is not justified due to the tree's value and contribution to amenity.

Jurisdiction
Australia
Judgment Date
10 September 2021
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 Pt 2 / Principal Judgment After Hearing
Outcome
Application to remove tree refused; orders made for pruning and management plan.
Legal Topics
['tree Disputes Between Neighbours' 'pruning Orders' 'tree Management Plans']
['environmental Law' 'property Law'] ['tree Disputes Between Neighbours' 'pruning Orders' 'tree Management Plans']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application Under Trees (disputes Between Neighbours) Act 2006 Pt 2 / Principal Judgment After Hearing

Legal Issues

  1. 1 ["Whether the tree has caused damage to the applicant's property" 'Whether the tree is likely to cause further damage or injury' 'Whether orders for pruning or management plan should be made']

Ratio Decidendi

The tree overhanging the applicant's property has caused minor damage demonstrable by evidence, and further significant damage is likely due to the presence of overextended limbs and deadwood. Orders are required for further pruning and for a qualified arborist to prepare a management plan. Removal is not justified due to the tree's value and contribution to amenity.

Court Disposition

Application to remove tree refused; orders made for pruning and management plan.

Orders

  • ['Application for removal of the tree is refused.' 'Within 30 days, the respondent is to engage and pay for a suitably qualified arborist (minimum AQF level 3) to prune specified limbs and remove deadwood and hazardous branches, taking photographs of any major defects.' 'Pruning is to be in accordance with AS 4373...