Britt v Doyle [2015] NSWLEC 1355

Britt v Doyle [2015] NSWLEC 1355

The evidence did not establish that the tree had caused significant damage to the applicant's property or that removal was required, but given the possibility of future damage from deadwood, regular pruning orders were appropriate.

Parties
Applicant: Wayne Britt; Respondent: Michael Doyle
Jurisdiction
Australia
Judgment Date
27 August 2015
Procedural Posture
Tree Dispute (class 2) / Final Determination
Outcome
Application upheld in part
Legal Topics
Trees (disputes Between Neighbours), Tree Damage, Compensation, Pruning Orders
Environmental Law Property Law Trees (disputes Between Neighbours) Tree Damage Compensation Pruning Orders

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Parties

Wayne Britt

Applicant

Michael Doyle

Respondent

Procedural Posture

Tree Dispute (class 2) / Final Determination

Legal Issues

  1. 1 Whether the tree has caused, is causing, or is likely to cause damage to the applicant's property
  2. 2 Whether compensation should be ordered for alleged damage
  3. 3 Whether orders for pruning or removal of the tree should be made

Ratio Decidendi

The evidence did not establish that the tree had caused significant damage to the applicant's property or that removal was required, but given the possibility of future damage from deadwood, regular pruning orders were appropriate.

Court Disposition

Application upheld in part

Orders

  • Every two years during October, beginning October 2015, the respondent is to engage and pay for a suitably qualified arborist (minimum AQF Level 3), with appropriate insurances, to prune the tree to remove all deadwood 30 mm diameter and greater from parts of the tree overhanging the applicant's property and within...
  • Pruning works to be carried out in accordance with AS4373 Pruning of Amenity Trees and the WorkCover NSW Code of Practice for the Amenity Tree Industry.