Ali v Riezenkamp [2023] NSWLEC 1353

Ali v Riezenkamp [2023] NSWLEC 1353

The tree has damaged the applicant’s property and is likely to cause further damage; reasonable effort to reach agreement was made; Court orders removal of tree, repair of driveway and retaining wall, and replacement of fence according to statutory provisions.

Jurisdiction
Australia
Judgment Date
22 June 2023
Procedural Posture
Pt 2 Application Under Trees (disputes Between Neighbours) Act 2006 / Principal Judgment – Orders Granted
Outcome
Application granted, orders for tree removal, property repair, and fencing works made.
Legal Topics
['tree Disputes Between Neighbours' 'dividing Fences' 'damage to Property' 'tree Removal' 'fencing Works']
['property Law' 'environmental Law'] ['tree Disputes Between Neighbours' 'dividing Fences' 'damage to Property' 'tree Removal' 'fencing Works']

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Procedural Posture

Pt 2 Application Under Trees (disputes Between Neighbours) Act 2006 / Principal Judgment – Orders Granted

Legal Issues

  1. 1 ["Whether the tree on the respondents' land has caused, is causing, or is likely to cause damage to the applicant's property" 'Whether reasonable effort to reach agreement was made' 'Appropriate orders for removal of trees and repairs to property and fencing']

Ratio Decidendi

The tree has damaged the applicant’s property and is likely to cause further damage; reasonable effort to reach agreement was made; Court orders removal of tree, repair of driveway and retaining wall, and replacement of fence according to statutory provisions.

Court Disposition

Application granted, orders for tree removal, property repair, and fencing works made.

Orders

  • ['Respondents to engage and pay for qualified arborist to remove Sydney Blue Gum and Jacaranda and grind stumps within 60 days.' 'Branches or trees within 300 mm of boundary fence to be removed as needed.' 'Works to follow Safe Work Australia (2016) Guide.' "Respondents to give applicant 2 days' notice of works."...