Tsoukatos v Hirst [2019] NSWLEC 1318

Tsoukatos v Hirst [2019] NSWLEC 1318

The trees are causing or likely to cause damage and injury. Orders for pruning are appropriate under the Trees Act. The proximity of the pergola to the boundary, regardless of compliance, does not preclude orders for tree pruning. The fact that the tree predated the structure informs the apportionment of costs but does not bar orders for remedial work.

Parties
First Applicant: Theodore Keith Tsoukatos; Second Applicant: Jade Sarah Greenhalgh; Respondent: Stephen Cansdell Hirst
Jurisdiction
Australia
Judgment Date
21 June 2019
Procedural Posture
Tree Dispute (class 2) / Principal Judgment
Outcome
Application granted with modifications to proposed pruning and apportionment of costs.
Legal Topics
Tree Disputes, Damage to Property, Injury Risk, Costs Apportionment, Pruning Orders
Property Law Environmental Law Tree Disputes Damage to Property Injury Risk Costs Apportionment Pruning Orders

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Parties

Theodore Keith Tsoukatos

First Applicant

Jade Sarah Greenhalgh

Second Applicant

Stephen Cansdell Hirst

Respondent

Procedural Posture

Tree Dispute (class 2) / Principal Judgment

Legal Issues

  1. 1 Whether the trees are causing or likely to cause damage to property or injury to persons
  2. 2 Extent of pruning required and who should pay
  3. 3 Whether prior construction of a structure without approved offsets affects remedies or costs

Ratio Decidendi

The trees are causing or likely to cause damage and injury. Orders for pruning are appropriate under the Trees Act. The proximity of the pergola to the boundary, regardless of compliance, does not preclude orders for tree pruning. The fact that the tree predated the structure informs the apportionment of costs but does not bar orders for remedial work.

Court Disposition

Application granted with modifications to proposed pruning and apportionment of costs.

Orders

  • Application to prune three neighbouring trees granted with modifications.
  • Respondent to obtain and supply to applicants three itemised quotes for works within 30 days.