Reuben v Lace [2010] NSWLEC 1024

Reuben v Lace [2010] NSWLEC 1024

The eucalypt closest to the street posed a reasonable risk of injury to persons due to its structure and condition. All three trunks of the eucalypt should be removed to minimise risk, but there was no credible current risk or imminent harm from the two Casuarinas, so no order is made regarding them. Usual principles as to costs apply, requiring the owners of the trees (Mr and Mrs Lace) to bear removal expenses.

Parties
Applicant: T Reuben; Respondent: R Lace
Jurisdiction
Australia
Judgment Date
27 January 2010
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Ex Tempore Final Judgment
Outcome
Application upheld in part
Legal Topics
Tree Disputes, Risk of Injury From Trees, Property Damage, Enforcement of Tree Orders
Environmental Law Tree Disputes Risk of Injury From Trees Property Damage Enforcement of Tree Orders

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Parties

T Reuben

Applicant

R Lace

Respondent

Procedural Posture

Application Under Trees (disputes Between Neighbours) Act 2006 / Ex Tempore Final Judgment

Legal Issues

  1. 1 Whether trees on respondents' property pose a risk of injury or damage to applicant's property or persons
  2. 2 Whether remedial orders should be made for removal or pruning of trees
  3. 3 Whether orders for fence rectification or compensation are appropriate

Ratio Decidendi

The eucalypt closest to the street posed a reasonable risk of injury to persons due to its structure and condition. All three trunks of the eucalypt should be removed to minimise risk, but there was no credible current risk or imminent harm from the two Casuarinas, so no order is made regarding them. Usual principles as to costs apply, requiring the owners of the trees (Mr and Mrs Lace) to bear removal expenses.

Court Disposition

Application upheld in part

Orders

  • The application to remove the Eucalypt is upheld.
  • The application to remove the Casuarinas is dismissed.