The Owners – Strata Plan 94255 v Luu [2022] NSWLEC 1265

The Owners – Strata Plan 94255 v Luu [2022] NSWLEC 1265

Both trees are likely to cause future damage or injury. Orders for removal are appropriate. The Respondents are to bear the cost as is usual; the Applicant's development did not create the risk and, regardless, risk to property or persons would have justified removal orders.

Jurisdiction
Australia
Judgment Date
18 May 2022
Procedural Posture
Tree Dispute Application / Principal Judgment
Outcome
Application granted
Legal Topics
['damage to Property by Trees' 'risk of Injury by Trees' 'removal of Trees' 'responsibility for Cost of Tree Removal']
['environment and Planning'] ['damage to Property by Trees' 'risk of Injury by Trees' 'removal of Trees' 'responsibility for Cost of Tree Removal']

Case Brief

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Procedural Posture

Tree Dispute Application / Principal Judgment

Legal Issues

  1. 1 ['Whether the trees have caused or are likely to cause damage or injury' 'Who should bear the cost of removing the trees']

Ratio Decidendi

Both trees are likely to cause future damage or injury. Orders for removal are appropriate. The Respondents are to bear the cost as is usual; the Applicant's development did not create the risk and, regardless, risk to property or persons would have justified removal orders.

Court Disposition

Application granted

Orders

  • ['The application is granted.' "Respondents to engage and pay for a suitably qualified arborist (minimum AQF level 3) with all appropriate insurances to remove both trees T1 and T2 to no more than one metre above ground level within 60 days of the date of these orders. Tree removal to be done in accordance with the...