Gray & Anor v Ward [2010] NSWLEC 1276

Gray & Anor v Ward [2010] NSWLEC 1276

The Court had jurisdiction under s10(2) as falling deadwood from the trees was likely to cause injury, and in the case of Tree 3 had caused property damage. Taking into account the matters in s12, including the risk to persons and property, prior storm damage to the trees, and arboricultural evidence, it was appropriate to order the removal of all three trees.

Jurisdiction
Australia
Judgment Date
12 October 2010
Procedural Posture
Remitter After Appeal Under S 56 a / Hearing De Novo After Remitter From Appeal
Outcome
Application granted. Orders made for removal of all three trees.
Legal Topics
['trees (disputes Between Neighbours)' 'jurisdiction' 'remitter After Appeal' 'removal of Trees']
['environmental Law' 'property Law'] ['trees (disputes Between Neighbours)' 'jurisdiction' 'remitter After Appeal' 'removal of Trees']

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Procedural Posture

Remitter After Appeal Under S 56 a / Hearing De Novo After Remitter From Appeal

Legal Issues

  1. 1 ['Whether the Court has jurisdiction over the disputed trees under s10(2) of the Trees (Disputes Between Neighbours) Act 2006' 'Whether it is appropriate to exercise discretion to order the removal of the trees under s12 of the Act']

Ratio Decidendi

The Court had jurisdiction under s10(2) as falling deadwood from the trees was likely to cause injury, and in the case of Tree 3 had caused property damage. Taking into account the matters in s12, including the risk to persons and property, prior storm damage to the trees, and arboricultural evidence, it was appropriate to order the removal of all three trees.

Court Disposition

Application granted. Orders made for removal of all three trees.

Orders

  • ['All three trees the subject of the application are to be removed.' 'Removal to be undertaken by an arborist with at least AQF level III qualifications and appropriate WorkCover insurances.' 'Applicants to provide necessary access through their property for removal on reasonable notice at a reasonable hour;...