Ghazal v Vella [2011] NSWLEC 1105

Ghazal v Vella [2011] NSWLEC 1105

The foreseeable risk of injury from falling Bunya Pine cones warrants intervention under the Act; annual inspection and removal of fruit overhanging and within 2m of the fence line is ordered to manage the risk, not tree removal, given its health and aesthetic value.

Jurisdiction
Australia
Judgment Date
12 May 2011
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Principal Judgment
Outcome
Application upheld
Legal Topics
['trees (disputes Between Neighbours)' 'risk of Injury From Falling Bunya Pine Cones' 'tree Management Orders']
['property Law'] ['trees (disputes Between Neighbours)' 'risk of Injury From Falling Bunya Pine Cones' 'tree Management Orders']

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Procedural Posture

Application Under Trees (disputes Between Neighbours) Act 2006 / Principal Judgment

Legal Issues

  1. 1 ['Whether risk posed by falling Bunya Pine cones justifies intervention under the Act' 'Whether management of the risk should be ordered' 'Appropriateness of de-coning versus tree removal']

Ratio Decidendi

The foreseeable risk of injury from falling Bunya Pine cones warrants intervention under the Act; annual inspection and removal of fruit overhanging and within 2m of the fence line is ordered to manage the risk, not tree removal, given its health and aesthetic value.

Court Disposition

Application upheld

Orders

  • ['Annual inspection between 1 November and 20 December by qualified arborist.' 'First inspection to commence in 2011, then annually within specified period.' "Any fruit 100mm or more in diameter to be removed from tree overhanging applicant's property to 2m within respondent's property." 'De-coning to occur at same...