Taylor v Guttenberg [2013] NSWLEC 1045

Taylor v Guttenberg [2013] NSWLEC 1045

The tree has caused property damage, enlivening the Court’s jurisdiction. Compensation is justified for actual damage, and the imminent risk of further damage or injury can be adequately addressed by ordering pruning of the largest overhanging limb, rather than removal. Psychological injury remedy is outside the scope of the Trees Act for past or existing conditions.

Parties
Applicant: Paul Taylor; Applicant: Karen Taylor; Respondent: Michael Guttenberg; Respondent: Judith Guttenberg
Jurisdiction
Australia
Judgment Date
19 March 2013
Procedural Posture
Trees (disputes Between Neighbours) Application / Principal Judgment
Outcome
Application upheld in part.
Legal Topics
Trees on Adjoining Land, Neighbour Disputes, Compensation for Damage, Pruning Orders
Property Law Environmental Law Trees on Adjoining Land Neighbour Disputes Compensation for Damage Pruning Orders

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Parties

Paul Taylor

Applicant

Karen Taylor

Applicant

Michael Guttenberg

Respondent

Judith Guttenberg

Respondent

Procedural Posture

Trees (disputes Between Neighbours) Application / Principal Judgment

Legal Issues

  1. 1 Whether the tree has caused or is likely to cause damage or injury justifying orders under the Trees (Disputes Between Neighbours) Act 2006
  2. 2 Whether compensation should be ordered for damage caused by a fallen limb
  3. 3 Whether additional or alternative orders (pruning or removal) are appropriate given the circumstances

Ratio Decidendi

The tree has caused property damage, enlivening the Court’s jurisdiction. Compensation is justified for actual damage, and the imminent risk of further damage or injury can be adequately addressed by ordering pruning of the largest overhanging limb, rather than removal. Psychological injury remedy is outside the scope of the Trees Act for past or existing conditions.

Court Disposition

Application upheld in part.

Orders

  • Respondents to pay applicants $685 within 30 days.
  • Respondents to engage a qualified arborist within 30 days to prune the Wallangarra White Gum, removing the largest branch over the applicants' property back to its branch collar at the stem, per attached diagrams.