Bunyard v McManus

The case of Bunyard v McManus involved a dispute between neighbours regarding the maintenance and pruning of a Blackbutt tree. The Bunyards, residents at 78 Karawatha Drive, Mountain Creek, sought relief against Joan McManus, the owner of the neighbouring property at 80 Karawatha Drive. The crux of the matter was the encroachment of tree branches and foliage from McManus's property onto the Bunyards' land, which the Bunyards argued constituted a nuisance and a hazard, likely to cause serious injury or damage.

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.