Prasad v Strata Plan 47610 [2008] NSWLEC 1180

Prasad v Strata Plan 47610 [2008] NSWLEC 1180

The application had to be dismissed because the Court found that the tree had not caused damage to Mr Prasad's property, was unlikely to cause damage to his property in the near future, and was unlikely to cause injury to any person; therefore none of the four tests in s 10(2)(a) and (b) of the Trees (Disputes Between Neighbours) Act 2006 were met.

Jurisdiction
Australia
Judgment Date
30 April 2008
Procedural Posture
Application Under the Trees (disputes Between Neighbours) Act 2006 Concerning Removal or Management of a Neighbouring Tree / Ex Tempore Judgment After Hearing on 30 April 2008
Outcome
Application dismissed, noting the parties' agreement for pruning and fence works.
Legal Topics
['damage to Property From Tree' 'risk of Personal Injury From Tree' 'tree Removal' 'tree Pruning' 'trees (disputes Between Neighbours) Act 2006 S 10(2)' 'benefits Provided by Tree']
['trees Disputes' 'neighbour Disputes' 'property Damage' 'land and Environment Court Proceedings'] ['damage to Property From Tree' 'risk of Personal Injury From Tree' 'tree Removal' 'tree Pruning' 'trees (disputes Between Neighbours) Act 2006 S 10(2)' 'benefits Provided by Tree']

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Procedural Posture

Application Under the Trees (disputes Between Neighbours) Act 2006 Concerning Removal or Management of a Neighbouring Tree / Ex Tempore Judgment After Hearing on 30 April 2008

Legal Issues

  1. 1 ['Whether there was a dispute between the neighbours or both parties wanted the tree removed' "Whether the tree had caused damage to the applicant's brick gatepost or other property" "Whether the tree was likely in the near future to cause damage to the applicant's property" 'Whether the tree was likely to cause injury to any person']

Ratio Decidendi

The application had to be dismissed because the Court found that the tree had not caused damage to Mr Prasad's property, was unlikely to cause damage to his property in the near future, and was unlikely to cause injury to any person; therefore none of the four tests in s 10(2)(a) and (b) of the Trees (Disputes Between Neighbours) Act 2006 were met.

Court Disposition

Application dismissed, noting the parties' agreement for pruning and fence works.

Orders

  • ['Application dismissed.' "Strata Plan 47610 will prune off the third branch up on the northern side of the tree and remove any parts of that branch from Mr Prasad's property." 'Marrickville Council will provide without further application a letter giving consent to removal of that branch.' 'The pruning shall be...