The Owners Strata Plan 77450 v Deng [2019] NSWLEC 1654

The Owners Strata Plan 77450 v Deng [2019] NSWLEC 1654

The applicant satisfied the requirements of s 10 of the Act by making reasonable efforts to reach agreement and providing evidence of actual damage to their property caused by falling branches; the respondent's requirement for an unlimited warranty was found unreasonable, and the specified prudent pruning at the applicant's expense provides an appropriate balance between tree health and the need to prevent further property damage.

Jurisdiction
Australia
Judgment Date
18 December 2019
Procedural Posture
Tree Dispute (class 2) Application for Orders Under the Trees (disputes Between Neighbours) Act 2006 / Final Judgment and Orders
Outcome
Application granted; orders for specified pruning at applicant's expense.
Legal Topics
['tree Disputes' 'neighbour Disputes' 'damage to Property' 'pruning of Trees']
['environmental Law' 'property Law'] ['tree Disputes' 'neighbour Disputes' 'damage to Property' 'pruning of Trees']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Tree Dispute (class 2) Application for Orders Under the Trees (disputes Between Neighbours) Act 2006 / Final Judgment and Orders

Legal Issues

  1. 1 ["Whether the tree has caused damage to the applicant's property under s 10(2) of the Trees (Disputes Between Neighbours) Act 2006" 'Whether appropriate orders should be made for pruning and at whose expense']

Ratio Decidendi

The applicant satisfied the requirements of s 10 of the Act by making reasonable efforts to reach agreement and providing evidence of actual damage to their property caused by falling branches; the respondent's requirement for an unlimited warranty was found unreasonable, and the specified prudent pruning at the applicant's expense provides an appropriate balance between tree health and the need to prevent further property damage.

Court Disposition

Application granted; orders for specified pruning at applicant's expense.

Orders

  • ['The application is granted.' 'The tree shall be pruned at the applicants expense in accordance with the specifications of quote STS 1634 from Sydney Tree Solutions, dated 3 February 2019.' 'All pruning work is to be completed by qualified arborists (minimum AQF level 3) with appropriate insurances, and is to...