Le Bron v Chidiac [2019] NSWLEC 1194

Le Bron v Chidiac [2019] NSWLEC 1194

Removal of the Cypress is ordered as it is causing damage and likely to cause further damage to the fence; pruning of deadwood from the Sydney Blue Gum is ordered to address risk of injury, but claims regarding live branches, leaves, and debris do not provide a basis for further intervention under the Act or established case law.

Parties
Applicant: Susannah Le Bron; Respondent: Paul Victor Chidiac
Jurisdiction
Australia
Judgment Date
01 May 2019
Procedural Posture
Trees (disputes Between Neighbours) Class 2 / Principal Judgment
Outcome
Orders for removal and pruning granted; compensation claims for pool cover and equipment dismissed.
Legal Topics
Nuisance, Tree Removal, Maintenance Responsibility, Risk of Injury, Damage to Property
Environmental Law Property Law Nuisance Tree Removal Maintenance Responsibility Risk of Injury Damage to Property

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Parties

Susannah Le Bron

Applicant

Paul Victor Chidiac

Respondent

Procedural Posture

Trees (disputes Between Neighbours) Class 2 / Principal Judgment

Legal Issues

  1. 1 Whether the Cupressus macrocarpa (Monterey Cypress) is causing damage to applicant's property or likely to cause future damage under the Trees (Disputes Between Neighbours) Act 2006
  2. 2 Whether the Sydney Blue Gum is causing or likely to cause injury to any person, warranting pruning or removal
  3. 3 Responsibility for maintenance and costs associated with tree pruning/removal

Ratio Decidendi

Removal of the Cypress is ordered as it is causing damage and likely to cause further damage to the fence; pruning of deadwood from the Sydney Blue Gum is ordered to address risk of injury, but claims regarding live branches, leaves, and debris do not provide a basis for further intervention under the Act or established case law.

Court Disposition

Orders for removal and pruning granted; compensation claims for pool cover and equipment dismissed.

Orders

  • The respondent is to remove the Cupressus macrocarpa (Monterey Cypress) to near ground level and poison its stump within 45 days, at the respondent’s expense.
  • Annual pruning of deadwood above 10mm diameter from the Eucalyptus saligna (Sydney Blue Gum) canopy overhanging the applicant’s property is to be performed in July or August each year, prior to spring winds and swimming season, complying with AS4373-2007.