Grover v Rulli [2009] NSWLEC 1259

Grover v Rulli [2009] NSWLEC 1259

The Court found the tree has, is, and is likely in the near future to cause damage to Mr Grover's property, thereby satisfying s 10(2)(a) of the Act, and ordered removal and replacement of the tree at Ms Rulli's cost within four months, considering landscape amenity and Ms Rulli's financial circumstances.

Parties
Applicant: William Frank Grover; Respondent: Libby Rulli
Jurisdiction
Australia
Judgment Date
28 July 2009
Procedural Posture
Tree Dispute / Final Judgment
Outcome
application upheld
Legal Topics
Trees (neighbours), Damage Caused by Trees, Orders for Removal and Replacement
Property Law Environmental Law Trees (neighbours) Damage Caused by Trees Orders for Removal and Replacement

Case Brief

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Parties

William Frank Grover

Applicant

Libby Rulli

Respondent

Procedural Posture

Tree Dispute / Final Judgment

Legal Issues

  1. 1 Has the tree caused, is causing, or is likely to cause damage to the applicant's property?
  2. 2 Is removal of the tree warranted?
  3. 3 Who should bear the cost and what replacement is appropriate?

Ratio Decidendi

The Court found the tree has, is, and is likely in the near future to cause damage to Mr Grover's property, thereby satisfying s 10(2)(a) of the Act, and ordered removal and replacement of the tree at Ms Rulli's cost within four months, considering landscape amenity and Ms Rulli's financial circumstances.

Court Disposition

application upheld

Orders

  • Ms Rulli shall remove the tree and treat the stump to prevent regrowth at her cost and these works shall be completed within four months of the date of the orders.
  • Tree material shall not be removed through Mr Grover's property.