Johnson v Morrow [2008] NSWLEC 1343

Johnson v Morrow [2008] NSWLEC 1343

Although the tree has beneficial ecosystem and landscape values, it has serious structural problems likely to worsen and cause injury; therefore, removal is warranted to avoid likely injury as found under s 10(2)(b) of the Act.

Parties
Applicant: Raymond Johnson; Respondent: Damien Morrow
Jurisdiction
Australia
Judgment Date
11 August 2008
Procedural Posture
Tree Dispute / Final Judgment
Outcome
application upheld
Legal Topics
Neighbour Disputes, Tree Removal, Property Damage, Risk of Injury
Environmental Law Neighbour Disputes Tree Removal Property Damage Risk of Injury

Case Brief

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Parties

Raymond Johnson

Applicant

Damien Morrow

Respondent

Procedural Posture

Tree Dispute / Final Judgment

Legal Issues

  1. 1 Whether the Gum tree on respondent's property should be removed due to risk of injury to persons or damage to property as per Trees (Disputes Between Neighbours) Act 2006

Ratio Decidendi

Although the tree has beneficial ecosystem and landscape values, it has serious structural problems likely to worsen and cause injury; therefore, removal is warranted to avoid likely injury as found under s 10(2)(b) of the Act.

Court Disposition

application upheld

Orders

  • Mr Morrow shall remove the Gum tree by 31 October 2008, at his cost, removal to be done by an arborist with AQF Level 3 qualifications and suitable insurances.
  • All tree debris from the removal shall be removed from Mr Johnson's property at Mr Morrow's cost, through 10 Stephen Street.