Chesher v Robson [2007] NSWLEC 594

Removal of the trees is not warranted but the safety concerns justify an order for the pruning of both trees, especially the removal of dead wood, by the owner of the adjoining property.

Jurisdiction: Australia
Judgment Date: 12 September 2007
Procedural Posture: Application Under Trees (disputes Between Neighbours) Act 2006 / Ex Tempore Judgment
Outcome: Appeal upheld; order for pruning of both trees.
Legal Topics: ['tree Disputes' 'damage to Property' 'neighbour Disputes']

['environmental Law' 'property Law'] ['tree Disputes' 'damage to Property' 'neighbour Disputes']

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Procedural Posture

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

Legal Issues

1 ["Whether trees on respondent's property are likely to cause damage to applicant's home, sewer, or cause injury by falling branches." 'Whether removal or pruning of trees is warranted under Trees (Disputes Between Neighbours) Act 2006.']

Ratio Decidendi

Removal of the trees is not warranted but the safety concerns justify an order for the pruning of both trees, especially the removal of dead wood, by the owner of the adjoining property.

Court Disposition

Appeal upheld; order for pruning of both trees.

Orders

['Both the peppercorn tree and the pine tree at 35 Lake Avenue, Cringila, are to be appropriately pruned by the owner, including removal of dead wood and pruning as per council consent.']