Coutts v Haydon [2007] NSWLEC 863

The tree was dead, degraded, supported a termite colony and overhung the applicant's property; the Court was satisfied that it could in the near future cause damage to property or injury to persons, so removal was ordered.

Jurisdiction: Australia
Judgment Date: 20 December 2007
Procedural Posture: Neighbour Application Under S 7 of the Trees (disputes Between Neighbours) Act 2006 / Ex Tempore Judgment
Outcome: Application approved; tree ordered to be removed.
Legal Topics: ['removal of a Tree' 'risk of Damage to Property or Injury to Persons' 'dead Tree Overhanging Neighbouring Property']

['trees Disputes Between Neighbours'] ['removal of a Tree' 'risk of Damage to Property or Injury to Persons' 'dead Tree Overhanging Neighbouring Property']

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Neighbour Application Under S 7 of the Trees (disputes Between Neighbours) Act 2006 / Ex Tempore Judgment

Legal Issues

1 ['Whether the dead tree has caused, is causing, or could in the near future cause damage to property or injury to persons.' 'Whether the tree should be removed.']

Ratio Decidendi

Court Disposition

Application approved; tree ordered to be removed.

Orders

['The tree is to be removed within 90 days of the date of the published orders.' 'The work is to be performed by an AQF level 3 arborist with the appropriate insurances.' 'The work is to be performed to the standards described in the WorkCover Code of Practice for the Amenity Tree Industry.' 'The arborist is to be...