Gray v Watts [2007] NSWLEC 865

Gray v Watts [2007] NSWLEC 865

Applications for removal of three trees dismissed as there was insufficient evidence they had caused or were likely to cause damage or injury, and compensation for barbecue and slab damage to be shared based on three quotes, with cheapest not exceeding $1507.00, paid 50:50.

Jurisdiction
Australia
Judgment Date
19 December 2007
Procedural Posture
Neighbour Application / Judgment
Outcome
Partial dismissal; partial grant of relief
Legal Topics
['trees (neighbours)' 'removal of Trees' 'damage to Property' 'injury to Persons']
['property' 'environmental'] ['trees (neighbours)' 'removal of Trees' 'damage to Property' 'injury to Persons']

Case Brief

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Procedural Posture

Neighbour Application / Judgment

Legal Issues

  1. 1 ['Whether the removal of four trees on adjoining property is justified under s 7 of the Trees (Disputes Between Neighbours) Act 2006 due to alleged damage to property and risk of injury' 'Entitlement to compensation for alleged damage caused by tree roots to barbecue and concrete slab']

Ratio Decidendi

Applications for removal of three trees dismissed as there was insufficient evidence they had caused or were likely to cause damage or injury, and compensation for barbecue and slab damage to be shared based on three quotes, with cheapest not exceeding $1507.00, paid 50:50.

Court Disposition

Partial dismissal; partial grant of relief

Orders

  • ['Application to remove Camphor Laurel dismissed' 'Application to remove Cypress dismissed' 'Application to remove most westerly pine dismissed' "All branches overhanging applicants' property from pine closest to applicants to be removed by AQF level 3 Arborist at respondent's expense within 90 days" 'Applicants to...