Norman v Symonds [2024] NSWLEC 1847

Norman v Symonds [2024] NSWLEC 1847

Although the tree was structurally sound and had been pruned to mitigate risk, the presence of active termites introduced sufficient unpredictability and risk of injury to persons to warrant intervention; the Court ordered extermination of termites as the appropriate remedy rather than removal based on risk assessment and environmental considerations under the Trees (Disputes Between Neighbours) Act 2006.

Parties
Applicant: Susan Norman; First Respondent: John Symonds; Second Respondent: Claudia Symonds
Jurisdiction
Australia
Judgment Date
19 June 2024
Procedural Posture
Tree Dispute Application / Principal Judgment
Outcome
Orders made for pest control intervention
Legal Topics
Tree Disputes Between Neighbours, Remediation Orders, Risk of Injury, Termite Infestation, Fungal Bracket, Branch/debris Nuisance
Property Law Environmental Law Tree Disputes Between Neighbours Remediation Orders Risk of Injury Termite Infestation Fungal Bracket Branch/debris Nuisance

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Parties

Susan Norman

Applicant

John Symonds

First Respondent

Claudia Symonds

Second Respondent

Procedural Posture

Tree Dispute Application / Principal Judgment

Legal Issues

  1. 1 Whether the Eucalyptus tree on respondents' property poses a risk of damage to applicant's property or injury to persons under the Trees (Disputes Between Neighbours) Act 2006
  2. 2 Whether orders should be made to remedy or prevent such risk, including termite extermination
  3. 3 Assessment of damage, nuisance and maintenance obligations resulting from tree debris

Ratio Decidendi

Although the tree was structurally sound and had been pruned to mitigate risk, the presence of active termites introduced sufficient unpredictability and risk of injury to persons to warrant intervention; the Court ordered extermination of termites as the appropriate remedy rather than removal based on risk assessment and environmental considerations under the Trees (Disputes Between Neighbours) Act 2006.

Court Disposition

Orders made for pest control intervention

Orders

  • The respondents, at their expense, shall employ a licenced pest controller to investigate the Eucalyptus tree for the presence of an active termite nest and exterminate termites from the tree. These works shall be completed within 45 days of the date of these orders.