Rorie v Abacherli [2017] NSWLEC 1004

Rorie v Abacherli [2017] NSWLEC 1004

The requirements of s10(2) of the Trees (Disputes Between Neighbours) Act 2006 are satisfied only in relation to T1, which has caused minor damage to the fence and is likely to cause further damage; requirements are not met for T2 or T3. Orders to remove T1 are appropriate.

Jurisdiction
Australia
Judgment Date
03 January 2017
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Principal Judgment
Outcome
Application upheld in part; orders made regarding T1 only. Applications regarding T2 and T3 dismissed.
Legal Topics
['trees (disputes Between Neighbours)' 'injury or Damage by Trees' 'jurisdictional Tests Under Trees Act' 'removal Orders' 'fence Damage']
['property Law' 'environmental Law'] ['trees (disputes Between Neighbours)' 'injury or Damage by Trees' 'jurisdictional Tests Under Trees Act' 'removal Orders' 'fence Damage']

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Procedural Posture

Application Under Trees (disputes Between Neighbours) Act 2006 / Principal Judgment

Legal Issues

  1. 1 ["Whether the trees on respondent's land have caused or are likely to cause damage to applicant's property or injury to a person under s10(2) of the Trees (Disputes Between Neighbours) Act 2006" 'Whether removal or other works should be ordered']

Ratio Decidendi

The requirements of s10(2) of the Trees (Disputes Between Neighbours) Act 2006 are satisfied only in relation to T1, which has caused minor damage to the fence and is likely to cause further damage; requirements are not met for T2 or T3. Orders to remove T1 are appropriate.

Court Disposition

Application upheld in part; orders made regarding T1 only. Applications regarding T2 and T3 dismissed.

Orders

  • ['Application to remove T2 and T3 is dismissed.' 'Respondent to engage and pay for an AQF Level 3 arborist to remove T1 to a height of no greater than 300mm above ground level within 60 days.' 'All work to comply with WorkCover NSW Code of Practice for the Amenity Tree Industry.' 'Applicant to provide reasonable...