Strata Plan 70657 v Strata Plan 65757 [2013] NSWLEC 1106

Strata Plan 70657 v Strata Plan 65757 [2013] NSWLEC 1106

On the evidence, only Tree 9 was found to have caused damage to the applicant's property. Therefore, under s 10(2) Trees (Disputes Between Neighbours) Act 2006, an order is appropriate only in relation to Tree 9.

Parties
Applicant: Strata Plan 70657; Respondent: Strata Plan 65757
Jurisdiction
Australia
Judgment Date
19 June 2013
Procedural Posture
Appeal / Decision
Outcome
Appeal upheld in part
Legal Topics
Tree Disputes, Damage to Property
Environmental Law Tree Disputes Damage to Property

Case Brief

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Parties

Strata Plan 70657

Applicant

Strata Plan 65757

Respondent

Procedural Posture

Appeal / Decision

Legal Issues

  1. 1 Whether the trees on the respondent's property have caused, are causing, or are likely in the near future to cause, damage to the applicant's property or are likely to cause injury to any person under s 10(2) of the Trees (Disputes Between Neighbours) Act 2006

Ratio Decidendi

On the evidence, only Tree 9 was found to have caused damage to the applicant's property. Therefore, under s 10(2) Trees (Disputes Between Neighbours) Act 2006, an order is appropriate only in relation to Tree 9.

Court Disposition

Appeal upheld in part

Orders

  • Within 60 days, the respondent is to remove Tree 9 (Sapium sebiferum) to ground level and poison the stump.
  • The work is to be carried out by an AQF level 3 arborist with appropriate insurance and in accordance with the WorkCover NSW Code of Practice for the Amenity Tree Industry.