Pryce v Fragiadakis [2012] NSWLEC 1053

Pryce v Fragiadakis [2012] NSWLEC 1053

The Court found that the tree had caused damage to the applicant's property and posed some ongoing risk of future damage and limited risk of injury. However, given the significant benefits of retaining the tree and that pruning (rather than removal) could satisfactorily mitigate risk, the application for removal was dismissed and orders made for regular pruning instead.

Parties
Applicant: Suzanne Pryce; Respondent: Nick Fragiadakis; Respondent: Vicky Fragiadakis
Jurisdiction
Australia
Judgment Date
09 March 2012
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Decision
Outcome
Application to remove tree dismissed; orders made for regular pruning and access to applicant's property.
Legal Topics
Tree Disputes, Damage to Property, Risk of Injury, Tree Removal and Pruning Orders
Environmental Law Property Law Tree Disputes Damage to Property Risk of Injury Tree Removal and Pruning Orders

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Parties

Suzanne Pryce

Applicant

Nick Fragiadakis

Respondent

Vicky Fragiadakis

Respondent

Procedural Posture

Application Under Trees (disputes Between Neighbours) Act 2006 / Decision

Legal Issues

  1. 1 Whether the tree has caused damage to the applicant's property
  2. 2 Whether the tree poses a risk of future damage or injury
  3. 3 Whether the tree should be removed or pruned

Ratio Decidendi

The Court found that the tree had caused damage to the applicant's property and posed some ongoing risk of future damage and limited risk of injury. However, given the significant benefits of retaining the tree and that pruning (rather than removal) could satisfactorily mitigate risk, the application for removal was dismissed and orders made for regular pruning instead.

Court Disposition

Application to remove tree dismissed; orders made for regular pruning and access to applicant's property.

Orders

  • The application to remove the tree is dismissed.
  • The respondent is to engage and pay for an AQF Level 3 arborist to prune the Sydney Peppermint that overhangs the applicant's property, with pruning terms described in the order.