Campbell v Rahme [2009] NSWLEC 1315

Campbell v Rahme [2009] NSWLEC 1315

There is no substantial evidence that the tree has caused damage to the garage floor, and deterioration of the garage roof is consistent with normal wear and tear. However, as the tree overhangs multiple properties and has substantial dead wood, there is a risk that falling deadwood could injure a person. This brings the case within the court's jurisdiction, but removal is not warranted given the environmental and amenity value of the tree; appropriate pruning to remove deadwood is instead ordered.

Jurisdiction
Australia
Judgment Date
18 September 2009
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Final Ex Tempore Judgment
Outcome
application to remove the tree refused; orders made for arborist pruning
Legal Topics
['tree Disputes' 'damage to Property' 'risk of Injury' 'remedies Under Trees (disputes Between Neighbours) Act 2006']
['environmental Law' 'property Law'] ['tree Disputes' 'damage to Property' 'risk of Injury' 'remedies Under Trees (disputes Between Neighbours) Act 2006']

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether the tree on the respondent's property has caused or is likely to cause damage to the applicant's property or injury to any person" 'Whether tree removal or lesser intervention is justified under the Act']

Ratio Decidendi

There is no substantial evidence that the tree has caused damage to the garage floor, and deterioration of the garage roof is consistent with normal wear and tear. However, as the tree overhangs multiple properties and has substantial dead wood, there is a risk that falling deadwood could injure a person. This brings the case within the court's jurisdiction, but removal is not warranted given the environmental and amenity value of the tree; appropriate pruning to remove deadwood is instead ordered.

Court Disposition

application to remove the tree refused; orders made for arborist pruning

Orders

  • ['Application to remove the tree is refused.' 'Respondent to engage and pay for an AQF level 3 arborist with appropriate insurance to remove all deadwood down to 25mm in diameter.' 'Work to be carried out per AS4373 and WorkCover Code of Practice for the Amenity Tree Industry.' 'Work to be completed within 60 days...