McMahon v Schofield [2018] NSWLEC 1458

McMahon v Schofield [2018] NSWLEC 1458

Orders granted only in relation to trees (T3, T4, T5) where risk to persons or property satisfied jurisdictional requirements; no compensation for pathway as damage was minor and not proven to be caused by respondent's trees.

Jurisdiction
Australia
Judgment Date
22 August 2018
Procedural Posture
Trees (disputes Between Neighbours) Application / Final Orders After Hearing
Outcome
Orders for pruning and removal of specified trees; compensation for damage declined.
Legal Topics
['tree Disputes Between Neighbours' 'pruning and Removal of Trees' 'compensation for Damage' 'jurisdictional Requirements Under Trees Act']
['environmental Law' 'property Law'] ['tree Disputes Between Neighbours' 'pruning and Removal of Trees' 'compensation for Damage' 'jurisdictional Requirements Under Trees Act']

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether certain trees on the respondent's property pose sufficient risk of damage or injury to satisfy the jurisdictional test under s 10(2) of the Trees (Disputes Between Neighbours) Act 2006 (NSW)" 'Whether the applicants are entitled to orders for pruning or removal of trees' 'Whether the applicants are entitled to compensation for alleged damage to paving']

Ratio Decidendi

Orders granted only in relation to trees (T3, T4, T5) where risk to persons or property satisfied jurisdictional requirements; no compensation for pathway as damage was minor and not proven to be caused by respondent's trees.

Court Disposition

Orders for pruning and removal of specified trees; compensation for damage declined.

Orders

  • ["Within 60 days, respondent to engage and pay for a qualified arborist (minimum AQF level 3) to: (a) Prune T3 to remove deadwood >30 mm diameter above applicants' property and reduce limbs over applicants' property, removing no more than 30% live crown mass; (b) Prune T4 to remove deadwood >30 mm diameter above...