Johnson v Budden [2021] NSWLEC 1749

Johnson v Budden [2021] NSWLEC 1749

Damage to the shared fence was proven to have been caused by the respondents' Camphor laurel tree, engaging s 10(2) of the Trees (Disputes Between Neighbours) Act. Evidence did not sufficiently link the tree to claimed further property or amenity damage to justify compensation or broader orders, but the tree is likely to cause future damage, justifying an order for its removal.

Jurisdiction
Australia
Judgment Date
15 December 2021
Procedural Posture
Trees Act Dispute / Final Hearing and Determination
Outcome
Application granted with orders for tree removal; claim for compensation rejected.
Legal Topics
['damage by Trees' 'neighbour Disputes' 'remedies Under Trees (disputes Between Neighbours) Act']
['environmental Law' 'property Law'] ['damage by Trees' 'neighbour Disputes' 'remedies Under Trees (disputes Between Neighbours) Act']

Case Brief

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Procedural Posture

Trees Act Dispute / Final Hearing and Determination

Legal Issues

  1. 1 ["Whether the Camphor laurel tree caused or is likely to cause damage to the applicant's property" 'Whether the applicant is entitled to orders for removal of the tree or compensation for damage']

Ratio Decidendi

Damage to the shared fence was proven to have been caused by the respondents' Camphor laurel tree, engaging s 10(2) of the Trees (Disputes Between Neighbours) Act. Evidence did not sufficiently link the tree to claimed further property or amenity damage to justify compensation or broader orders, but the tree is likely to cause future damage, justifying an order for its removal.

Court Disposition

Application granted with orders for tree removal; claim for compensation rejected.

Orders

  • ['The respondent at his expense is to employ contractors to poison the Camphor Laurel by frill ring herbicide application.' "After at least 21 days, the respondent is to remove the Camphor Laurel to near ground level without compromising the fence's role as a barrier." 'Works must be conducted by minimum AQF level 3...