Koutlis v Javleski [2015] NSWLEC 1533

Koutlis v Javleski [2015] NSWLEC 1533

There is insufficient evidence to support imminent or foreseeable risk of whole tree failure. Only shedding of dead wood poses a foreseeable risk in the next 12 months. Therefore, orders for removal are refused and limited to dead wood pruning in accordance with safe standards.

Jurisdiction
Australia
Judgment Date
18 December 2015
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Judgment on Application for Removal/pruning of Trees
Outcome
Application for removal refused; pruning orders made
Legal Topics
['trees (disputes Between Neighbours)' 'pruning of Amenity Trees' 'neighbour Disputes']
['environmental Law' 'property Law'] ['trees (disputes Between Neighbours)' 'pruning of Amenity Trees' 'neighbour Disputes']

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Procedural Posture

Application Under Trees (disputes Between Neighbours) Act 2006 / Judgment on Application for Removal/pruning of Trees

Legal Issues

  1. 1 ['Whether the trees are likely to cause damage to property or injury to persons such that orders for removal or pruning should be made under s 10(2) Trees (Disputes Between Neighbours) Act 2006']

Ratio Decidendi

There is insufficient evidence to support imminent or foreseeable risk of whole tree failure. Only shedding of dead wood poses a foreseeable risk in the next 12 months. Therefore, orders for removal are refused and limited to dead wood pruning in accordance with safe standards.

Court Disposition

Application for removal refused; pruning orders made

Orders

  • ['The application to remove five trees is refused.' "By 1 March 2016, the respondent is to have engaged and paid for an AQF level 3 arborist with appropriate insurance to remove deadwood >50mm in base diameter from all parts of the four trees overhanging the applicant's property, extending two metres into...