Collins v Sneddon & Anor [2007] NSWLEC 682

Collins v Sneddon & Anor [2007] NSWLEC 682

The identified branch of the large rear gum tree had an included bark fault and partly overhung areas close to the Collins property and the Sneddon house. Although the rest of the tree appeared healthy, the faulty branch represented a potential danger to persons and property under the Trees (Disputes between Neighbours) Act 2006, and no statutory matter conflicted with ordering its removal. The compensation claim was not determined because Mr Collins withdrew it, and no order was made about the front yard tree because it had been determined in Hacene V Sneddon.

Jurisdiction
Australia
Judgment Date
19 October 2007
Procedural Posture
Appeal Under the Trees (disputes Between Neighbours) Act 2006 Concerning Removal of Trees, Tree Damage and Compensation / Judgment After on Site Hearing and Resumed Hearing
Outcome
The appeal is upheld.
Legal Topics
["removal or Pruning of Neighbour's Tree" 'potential Danger to Persons and Property' 'damage Caused by Fallen Tree' 'claim for Compensation Withdrawn' 'costs of Tree Works']
['trees (neighbours)' 'property' 'land and Environment'] ["removal or Pruning of Neighbour's Tree" 'potential Danger to Persons and Property' 'damage Caused by Fallen Tree' 'claim for Compensation Withdrawn' 'costs of Tree Works']

Case Brief

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Procedural Posture

Appeal Under the Trees (disputes Between Neighbours) Act 2006 Concerning Removal of Trees, Tree Damage and Compensation / Judgment After on Site Hearing and Resumed Hearing

Legal Issues

  1. 1 ["Whether action should be taken in regard to the large gum tree adjacent the rear of the respondents' house." 'Whether the faulty branch represented a potential danger to persons and property on the Sneddon and Collins properties.' 'Whether compensation should be ordered for damage caused by a tree that fell during a storm.']

Ratio Decidendi

The identified branch of the large rear gum tree had an included bark fault and partly overhung areas close to the Collins property and the Sneddon house. Although the rest of the tree appeared healthy, the faulty branch represented a potential danger to persons and property under the Trees (Disputes between Neighbours) Act 2006, and no statutory matter conflicted with ordering its removal. The compensation claim was not determined because Mr Collins withdrew it, and no order was made about the front yard tree because it had been determined in Hacene V Sneddon.

Court Disposition

The appeal is upheld.

Orders

  • ['The large gum tree adjacent the rear of the house on No.28 Valley View Crescent, Glendale, shown in the photograph attached in Annexure A to these orders, shall have the branch removed as marked on that photograph. No other work to the tree is required.' 'The removal of the branch shall be undertaken by an AQF...