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Trees disputes between neighbours

Parsons v Barbaro

Neighboring-tree dispute over bamboo and claimed pipe, fence, sunlight, and view impacts was dismissed for insufficient proof and lack of statutory thresholds.

  • Damage caused by trees
  • Risk of future damage
  • Risk of injury
  • Obstruction of sunlight
  • Obstruction of views
  • Bamboo hedge
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Tort

Rayman v Brown

The Court found negligence in sheet piling works that damaged the Rayman home, rejected a non-delegable duty argument, and awarded damages plus interest.

  • Duty of care
  • Civil liability act 2002 (nsw) s 5b
  • Conveyancing act 1919 (nsw) s 177
  • Proportionate liability
  • Damages for diminution in value
  • Improperly obtained evidence
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Property law

Brown v Ferrara

Dispute over fig trees on a boundary: the Court refused Pt 2A orders, declined compensation and repair orders, but imposed root barrier and pruning orders to prevent further damage.

  • Trees (disputes between neighbours) act 2006 (nsw)
  • Neighbouring trees
  • Property damage
  • Root barrier
  • Pruning orders
  • Trees-disputes-between-neighbours-act
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Appeals

Talevski v Perpetual Corporate Trust Limited

The Court of Appeal refused to restrain sale of three mortgaged properties pending a leave application, finding only a limited arguable case and balance of convenience favouring Perpetual.

  • Interlocutory injunction
  • Default judgment
  • Setting aside default judgment
  • Mortgage possession and sale
  • Contracts review act 1980 (nsw)
  • Balance of convenience
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Property law

Mcpherson v Mak

The Court partially granted a neighbour tree application, ordering biennial arborist inspection and pruning of a lemon-scented gum to manage debris and risk.

  • Neighbouring tree dispute
  • Tree maintenance orders
  • Tree-caused damage
  • Tree debris nuisance
  • Arborist inspection and pruning
  • Neighbouring-tree-dispute
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Trees disputes between neighbours

Williams v Liu

Neighbours’ hedge-dispute application granted in part: the Court ordered regular pruning of Leyland cypress hedges to restore Harbour views from the applicants’ dwelling.

  • Neighbouring hedges
  • Obstruction of views
  • Pruning and maintenance orders
  • Trees disputes between neighbours act 2006 (nsw) pt 2a
  • Trees-disputes-between-neighbours
  • View-obstruction
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Property law

Nagaya v Athreiya

Neighbour tree dispute over minor driveway and fence damage led to targeted root pruning and dead-branch removal, but not tree removal.

  • Neighbouring tree
  • Damage to property
  • Causation
  • Root pruning
  • Branch removal
  • Discretionary orders
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Property law

Arnaldi v Winters

The Court refused orders under both Part 2 and Part 2A of the Trees Act, finding no likely damage from the trees and no severe view obstruction.

  • Trees (disputes between neighbours) act 2006 (nsw)
  • Neighbouring trees
  • Damage to property
  • Root barrier
  • Obstruction of views
  • Hedges
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Trees disputes between neighbours

Dolan v Hawker

The Court awarded $300 for fence damage caused by a neighbour’s red cedar, but declined orders concerning another tree said to risk future damage.

  • Compensation for damage caused by tree roots
  • Likely future damage from a tree
  • Apportionment of repair costs
  • Neighbouring trees application
  • Neighbouring-trees
  • Tree-root-damage
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Australia decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.