Lee v Martin [2010] NSWLEC 1146

Lee v Martin [2010] NSWLEC 1146

Given the decay in the dead central leader and the risk of failure of remaining elements, removal of only parts overhanging neighbouring properties would leave a substantial risk of injury, making total removal of the tree necessary.

Jurisdiction
Australia
Judgment Date
11 June 2010
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Ex Tempore Judgment
Outcome
Order for removal of the tree granted
Legal Topics
['tree Disputes' 'neighbour Disputes' 'property Damage' 'risk of Injury']
['environmental Law'] ['tree Disputes' 'neighbour Disputes' 'property Damage' 'risk of Injury']

Case Brief

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Procedural Posture

Application Under Trees (disputes Between Neighbours) Act 2006 / Ex Tempore Judgment

Legal Issues

  1. 1 ["Whether the tree posed a risk of injury to persons using the applicant's swimming pool" "Whether the tree has caused or is likely to cause damage to the applicant's property" 'What orders, if any, should be made in the circumstances']

Ratio Decidendi

Given the decay in the dead central leader and the risk of failure of remaining elements, removal of only parts overhanging neighbouring properties would leave a substantial risk of injury, making total removal of the tree necessary.

Court Disposition

Order for removal of the tree granted

Orders

  • ["The respondents are to remove the eucalypt that is located on the boundary of their property adjacent to the applicant's property - being a tree that has four major trunk elements (the central one of which is dead)" 'The tree is to be removed at 600 mm above the ground' 'The remainder of the trunk, after removal,...