Rogerson v Dean & anor [2017] NSWLEC 1209

Rogerson v Dean & anor [2017] NSWLEC 1209

There is sufficient evidence of limb failure causing minor damage, satisfying jurisdictional requirements for making orders under s 10(2) of the Trees Act. However, root damage is not sufficiently evidenced to justify orders. The tree is not to be removed, but pruning and clearance of dead/dying branches and branches posing a risk is ordered to reduce potential injury and property damage.

Jurisdiction
Australia
Judgment Date
24 April 2017
Procedural Posture
Tree Dispute / Judgment
Outcome
Pruning ordered, removal application dismissed.
Legal Topics
['tree Disputes Between Neighbours' 'damage From Trees' 'pruning Orders' 'safety Risks' 'amenity Value']
['environmental Law' 'property Law'] ['tree Disputes Between Neighbours' 'damage From Trees' 'pruning Orders' 'safety Risks' 'amenity Value']

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Procedural Posture

Tree Dispute / Judgment

Legal Issues

  1. 1 ["Whether the Lemon-scented Gum tree has caused or is likely to cause damage to applicant's property" 'Whether the tree is likely to cause injury to any person' 'Whether root damage is attributable to the tree' 'Appropriate remedy: removal or pruning']

Ratio Decidendi

There is sufficient evidence of limb failure causing minor damage, satisfying jurisdictional requirements for making orders under s 10(2) of the Trees Act. However, root damage is not sufficiently evidenced to justify orders. The tree is not to be removed, but pruning and clearance of dead/dying branches and branches posing a risk is ordered to reduce potential injury and property damage.

Court Disposition

Pruning ordered, removal application dismissed.

Orders

  • ['Application to remove the tree is dismissed.' "Respondents to engage and pay for arborist to remove all dead and dying branches with diameter 40mm or more at the base, and establish 2m clearance from applicant's aerial within 30 days." "Arborist has discretion to reduce branches overhanging applicant's property if...