Hussain v Mehic [2010] NSWLEC 1287

The respondent's tree has caused damage to roof tiles and poses risk of future injury from falling dead wood, but removal of live branches or the whole tree is not justified. Only dead wood pruning and partial compensation for roof tile replacement is ordered.

Parties: Applicant: S Hussain; Respondent: E & J Mehic
Jurisdiction: Australia
Judgment Date: 21 October 2010
Procedural Posture: Application Under Trees (disputes Between Neighbours) Act 2006 / Final Judgment
Outcome: Application upheld in part; tree removal and full compensation refused; orders made for pruning dead wood and partial compensation for roof tile replacement.
Legal Topics: Tree Disputes, Damage to Property, Compensation, Tree Removal, Pruning of Dead Wood

Environmental Law Property Law Tree Disputes Damage to Property Compensation Tree Removal Pruning of Dead Wood

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 4

Parties

S Hussain

Applicant

E & J Mehic

Respondent

Procedural Posture

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

Legal Issues

1 Whether the respondent's tree has caused or is likely to cause damage to the applicant's property
2 Whether the tree is likely to cause injury to any person
3 Whether compensation should be paid for damaged roof tiles

Ratio Decidendi

Court Disposition

Application upheld in part; tree removal and full compensation refused; orders made for pruning dead wood and partial compensation for roof tile replacement.

Orders

Application upheld in part
Application to remove the tree refused