Prasad v Dyster [2008] NSWLEC 21

Prasad v Dyster [2008] NSWLEC 21

The upper Camphor Laurel branch should be removed and the lower branch pruned because their condition and attachment created risk in the applicant's courtyard, consistent with Marrickville Council's Tree Preservation Order consent. The Ficus Benjamina should be removed because it was displacing the rear fence and causing existing and potential damage. Access via No. 30 Livingstone Road was the efficient way to remove the cut branches, and the respondent was to pay the costs of the works.

Jurisdiction
Australia
Judgment Date
14 January 2008
Procedural Posture
Application Under S 7 of the Trees (disputes Between Neighbours) Act 2006 / Ex Tempore Judgment After on Site Hearing
Outcome
Application granted.
Legal Topics
['removal and Pruning of Trees' 'overhanging Branches' 'potential Property Damage' 'access for Arboricultural Works' 'costs of Tree Works']
['trees Disputes Between Neighbours' 'land and Environment'] ['removal and Pruning of Trees' 'overhanging Branches' 'potential Property Damage' 'access for Arboricultural Works' 'costs of Tree Works']

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Procedural Posture

Application Under S 7 of the Trees (disputes Between Neighbours) Act 2006 / Ex Tempore Judgment After on Site Hearing

Legal Issues

  1. 1 ["Whether branches of a Camphor Laurel tree overhanging the applicant's courtyard should be removed or pruned due to poor attachment and potential damage." 'Whether a Ficus Benjamina tree displacing the rear fence should be removed.' 'How access should be provided to carry out the tree works.' 'Whether the Court could order replacement planting on land other than the property that was the subject of the application.']

Ratio Decidendi

The upper Camphor Laurel branch should be removed and the lower branch pruned because their condition and attachment created risk in the applicant's courtyard, consistent with Marrickville Council's Tree Preservation Order consent. The Ficus Benjamina should be removed because it was displacing the rear fence and causing existing and potential damage. Access via No. 30 Livingstone Road was the efficient way to remove the cut branches, and the respondent was to pay the costs of the works.

Court Disposition

Application granted.

Orders

  • ['The application is granted.' "The removal of one branch and the pruning of another in the Camphor Laurel tree shall proceed as approved by Council in the tree preservation order consent dated 22 November 2007 with the pruning points to be as marked in red on the photos in Annexure A hereto. The photos are taken...