Eaglesham & Anor v Prumm [2010] NSWLEC 1016

Eaglesham & Anor v Prumm [2010] NSWLEC 1016

The tree has caused damage to parked vehicles due to falling branches and poses an ongoing risk; however, evidence does not support total removal. Orders for dead wooding and management are appropriate, enlivening the Court's jurisdiction under s10(2) of the Act.

Jurisdiction
Australia
Judgment Date
21 January 2010
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Final Determination
Outcome
Application for removal of tree refused; orders for dead-wooding and ongoing management made.
Legal Topics
['tree Disputes' 'damage to Property' 'risk of Injury']
['environmental Law' 'property Law'] ['tree Disputes' 'damage to Property' 'risk of Injury']

Case Brief

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Procedural Posture

Application Under Trees (disputes Between Neighbours) Act 2006 / Final Determination

Legal Issues

  1. 1 ["Whether the tree on the respondent's property has caused or is likely to cause damage to the applicants' property or risk of injury to persons and whether removal or remedial orders should be made"]

Ratio Decidendi

The tree has caused damage to parked vehicles due to falling branches and poses an ongoing risk; however, evidence does not support total removal. Orders for dead wooding and management are appropriate, enlivening the Court's jurisdiction under s10(2) of the Act.

Court Disposition

Application for removal of tree refused; orders for dead-wooding and ongoing management made.

Orders

  • ['Application to remove the tree is refused.' 'Respondent to organise and pay for an arborist with at least AQF level 3 in arboriculture to remove all dead wood >30mm in diameter, remove all hanging branches, and cut the most northerly, previously cut stem to the union of the stem from which it arises.' 'Work to be...