Patane v Proops & Anor [2015] NSWLEC 1222

Patane v Proops & Anor [2015] NSWLEC 1222

There was insufficient evidence that the palm or Murraya caused or is causing property damage; however, the frequency, nature, and circumstances of falling palm fronds and seed heads meet the threshold for likely injury to a person under section 10(2), warranting pruning orders to prevent injury.

Jurisdiction
Australia
Judgment Date
05 June 2015
Procedural Posture
Trees (disputes Between Neighbours) Application / Final Hearing and Orders
Outcome
Application upheld in part; orders made for pruning of palm to prevent injury, but removal of trees and compensation claims dismissed.
Legal Topics
['tree Disputes' 'neighbour Disputes' 'compensation for Property Damage' 'pruning Orders']
['property Law' 'environmental Law'] ['tree Disputes' 'neighbour Disputes' 'compensation for Property Damage' 'pruning Orders']

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Procedural Posture

Trees (disputes Between Neighbours) Application / Final Hearing and Orders

Legal Issues

  1. 1 ["Whether falling palm fronds from the Alexander Palm caused or are likely to cause damage to the applicant's property" 'Whether falling fronds or seed heads from the palm are likely to cause injury to a person' "Whether the Murraya shrub has caused, is causing, or is likely to cause damage to the fence or applicant's property" 'Whether compensation is payable for alleged property damage or cost of application fee']

Ratio Decidendi

There was insufficient evidence that the palm or Murraya caused or is causing property damage; however, the frequency, nature, and circumstances of falling palm fronds and seed heads meet the threshold for likely injury to a person under section 10(2), warranting pruning orders to prevent injury.

Court Disposition

Application upheld in part; orders made for pruning of palm to prevent injury, but removal of trees and compensation claims dismissed.

Orders

  • ['The application is upheld.' 'Application to remove Tree 1 (Alexander Palm) and Tree 2 (Murraya) is dismissed.' 'Within 35 days, respondent to engage and pay for an AQF Level 3 Arborist to prune Tree 1, removing all dead/dying fronds and seed heads, in accordance with AS 4373 and the WorkCover NSW Code of...