| CITATION: | Bunyard & Anor v McManus [2013] QCAT 258 |
| PARTIES: | Raymond Arthur Bunyard Beverly Anne Bunyard (Applicants) |
| v | |
| Joan McManus (Respondent) |
| APPLICATION NUMBER: | NDR115-12 |
| MATTER TYPE: | Other civil dispute matters |
| HEARING DATE: | 15 May 2013 |
| HEARD AT: | Brisbane |
| DECISION OF: | Bevan Hughes, Member |
| DELIVERED ON: | 15 May 2013 |
| DELIVERED AT: | Maroochydore |
ORDERS MADE: | 1. Joan McManus, the registered proprietor of the lot at 80 Karawatha Drive, Mountain Creek, will arrange for the pruning of the Blackbutt tree described as Tree 1 in the arborist report to: a. completely remove the lowest lateral limb on the northern side of the trunk that extends over the property of Raymond Arthur Bunyard and Beverley Anne Bunyard back to its main trunk junction; b. prune the remaining canopy to behind the alignment of the rear (northern) fence line of 80 Karawatha Drive, Mountain Creek; and c. remove all accessible deadwoods greater than 25 millimetres in diameter throughout the remaining canopy. 2. Joan McManus, the registered proprietor of the lot at 80 Karawatha Drive, Mountain Creek, will arrange for the removal of the Blackbutt tree described as Tree 3 in the arborist report. 3. The pruning works are to comply with the requirements of Australian Standard 4373-2007 Pruning of amenity trees. 4. All works are to be completed by an appropriately qualified and insured arborist with a minimum qualification of an Australian Qualifications Framework level 3. 5. All works are to be at the cost of Joan McManus. 6. All works are to be completed within 90 days of this order. |
| CATCHWORDS: | TREE DISPUTE – likely to cause serious injury or damage – location – trunk and canopy - likely to cause substantial, ongoing and unreasonable interference – leaves and flowers Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Qld) Edmonds v Yeates & Anor [2013] QCAT 7 |
APPEARANCES and REPRESENTATION (if any):
| APPLICANT: | Raymond Arthur Bunyard in person Beverley Anne Bunyard in person |
| RESPONDENT: | Joan McManus in person |
REASONS FOR DECISION
What is this Application about?
Raymond and Beverley Bunyard want their neighbour’s trees removed or at least cut to fence height.
Their concerns are that: the trees overhang their property by at least five metres; possible damage could be caused by severe weather conditions; deadfall has caused “considerable damage” to their shed roof, stained the pavers in their backyard, blocked their guttering and fallen in their pool; and pollen from flowers is restricting their use of the pool causing an allergic reaction.
Mrs Joan McManus admits she is the registered proprietor of 80 Karawatha Drive, Mountain Creek and Mr and Mrs Bunyard’s neighbour. Mrs McManus is a “tree keeper” as defined in the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Qld) (the Act).
Tree 1 of the application is a Eucalyptus pilularis (Blackbutt), Tree 2 is an Acacia (Wattle), Tree…
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- AGLC
- Bunyard v McManus [2013] QCAT 258
- Case
- [2013] QCAT 258
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining whether the trees in question constituted a nuisance, and if so, what relief should be granted. Specifically, the court needed to consider whether the trees were likely to cause substantial, ongoing, and unreasonable interference with the Bunyards' use and enjoyment of their property. The court also had to decide on the appropriate measures to mitigate any interference, including the pruning or removal of the trees, and who should bear the costs of such works.
The court found that the trees did indeed constitute a nuisance as they were likely to cause substantial, ongoing, and unreasonable interference. The court held that the trees were causing issues not only by encroaching over the Bunyards' property but also by shedding leaves and flowers onto their property. As a remedy, the court ordered that the McManus should arrange for the pruning of one tree and the removal of another, in accordance with specific guidelines to ensure safety and minimal disruption. The court emphasised that these works should be carried out by a qualified and insured arborist and at McManus's expense. The court also stipulated that all works must be completed within 90 days of the order.
In summary, the court's orders required McManus to prune one tree and remove another, ensuring that these actions comply with relevant safety standards, are performed by a suitably qualified arborist, and are at McManus's cost, to be completed within 90 days.
Orders
Orders of the court
1. Joan McManus, the registered proprietor of the lot at 80 Karawatha Drive, Mountain Creek, will arrange for the pruning of the Blackbutt tree described as Tree 1 in the arborist report to:
a. completely remove the lowest lateral limb on the northern side of the trunk that extends over the property of Raymond Arthur Bunyard and Beverley Anne Bunyard back to its main trunk junction;
b. prune the remaining canopy to behind the alignment of the rear (northern) fence line of 80 Karawatha Drive, Mountain Creek; and
c. remove all accessible deadwoods greater than 25 millimetres in diameter throughout the remaining canopy.
2. Joan McManus, the registered proprietor of the lot at 80 Karawatha Drive, Mountain Creek, will arrange for the removal of the Blackbutt tree described as Tree 3 in the arborist report.
3. The pruning works are to comply with the requirements of Australian Standard 4373-2007 Pruning of amenity trees.
4. All works are to be completed by an appropriately qualified and insured arborist with a minimum qualification of an Australian Qualifications Framework level 3.
5. All works are to be at the cost of Joan McManus.
6. All works are to be completed within 90 days of this order.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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