Marshall v Mar [2017] NSWLEC 1197

Marshall v Mar [2017] NSWLEC 1197

The large dead Eucalypt was in an advanced state of decline and sections of it would inevitably fail as the wood deteriorated, making it likely to cause injury to a person and satisfying s 10(2)(b); the appropriate way to abate the risk was removal of the tree to a height of 3m or less.

Jurisdiction
Australia
Judgment Date
20 April 2017
Procedural Posture
Class 2 Application Under S 7 Part 2 of the Trees (disputes Between Neighbours) Act 2006 / Principal Judgment and Orders
Outcome
Tree removal ordered
Legal Topics
['potential Injury From Dead Tree' 'tree Removal' 'adjoining Land']
['trees Disputes Between Neighbours' 'land and Environment Court'] ['potential Injury From Dead Tree' 'tree Removal' 'adjoining Land']

Case Brief

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Procedural Posture

Class 2 Application Under S 7 Part 2 of the Trees (disputes Between Neighbours) Act 2006 / Principal Judgment and Orders

Legal Issues

  1. 1 ['Whether the tree was a tree to which the Trees (Disputes Between Neighbours) Act 2006 applies, being situated on adjoining land.' 'Whether the tree was likely to cause injury to any person under s 10(2)(b) of the Trees (Disputes Between Neighbours) Act 2006.' 'What orders were necessary to abate the risk posed by the dead tree.']

Ratio Decidendi

The large dead Eucalypt was in an advanced state of decline and sections of it would inevitably fail as the wood deteriorated, making it likely to cause injury to a person and satisfying s 10(2)(b); the appropriate way to abate the risk was removal of the tree to a height of 3m or less.

Court Disposition

Tree removal ordered

Orders

  • ['Within 30 days of the date of these orders the respondent is to engage and pay for an arborist with a minimum qualification in Arboriculture of AQF level 3, and with appropriate insurance cover, to remove the tree to a height of 3m or less.' 'The work is to be carried out in accordance with the WorkCover NSW Code...