Giffin v Scott [2008] NSWLEC 1511

Giffin v Scott [2008] NSWLEC 1511

Dead wood in the tree is likely to fall and cause damage or injury in the near future, satisfying the third test in s 10(2)(a) and (b) of the Act, justifying orders for pruning and management rather than removal of the entire tree.

Jurisdiction
Australia
Judgment Date
10 December 2008
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Ex Tempore Judgment
Outcome
Application upheld in part; orders made for pruning, inspection, reporting and limits on applicant's communications.
Legal Topics
['tree Disputes' 'neighbour Disputes' 'injury Risk' 'damage Prevention']
['environmental Law' 'property Law'] ['tree Disputes' 'neighbour Disputes' 'injury Risk' 'damage Prevention']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether the Grey Gum tree on the respondent's property is likely to cause damage or injury to the applicant's property or persons under s 10(2) of the Trees (Disputes Between Neighbours) Act 2006." 'What, if any, orders should be made regarding the management or removal of the tree or its limbs.' 'Allocation of costs for tree management works.']

Ratio Decidendi

Dead wood in the tree is likely to fall and cause damage or injury in the near future, satisfying the third test in s 10(2)(a) and (b) of the Act, justifying orders for pruning and management rather than removal of the entire tree.

Court Disposition

Application upheld in part; orders made for pruning, inspection, reporting and limits on applicant's communications.

Orders

  • ["Mrs Scott to prune all dead wood over 25 mm from the Grey Gum overhanging Mr Giffin's property by 31 March 2009." 'Mrs Scott to pay the full cost of the pruning work and associated clean up.' 'Pruning to be done by an AQF Level 3 arborist with suitable insurances and as per AS 4373-2007 standards.' 'Mr Giffin to...