Golden v Grobler
[2011] NSWLEC 1088
•11 April 2011
Land and Environment Court
New South Wales
Case Title: Golden v Grobler Medium Neutral Citation: [2011] NSWLEC 1088 Hearing Date(s): 11 April 2011 Decision Date: 11 April 2011 Jurisdiction: Before: Fakes C
Decision: Application dismissed
Catchwords: TREES [NEIGHBOURS]; dead tree; damage to property; injury to persons;
Legislation Cited: Trees (Disputes Between Neighbours) Act 2006
Cases Cited: Texts Cited: Category: Principal judgment Parties: Mr P Golden (Applicant)
Mr M Grobler (Respondent)Representation - Counsel: - Solicitors: File number(s): 20095 of 2011 Publication Restriction:
Judgment
This is an application pursuant to Part 2 s 7 of the Trees (Disputes Between Neighbours) Act 2006 (the Act) made by the owner of a property in Turramurra against the owner of tree located on an adjoining property.
The applicant seeks the removal of the tree in order to prevent damage to property or injury to persons from falling branches.
Photographs submitted with the application show a large dead eucalypt, probably a Blackbutt (Eucalyptus pilularis) located several metres from the corner of the applicant's tennis court. One photograph shows dead branches on the tennis court and other shows a large branch on the ground in the respondent's property that purportedly just missed the tennis court fence.
Since the directions hearing, the tree has been reduced to a single trunk approximately 14-15 m high.
Under s 10(2) of the Act, the Court must not make an order unless it is satisfied that the tree concerned has caused, is causing, or is likely in the near future to cause, damage to the applicant's property or is likely to cause injury to any person.
I inspected the trunk and saw nothing that would lead me to conclude that the tree is likely to cause damage to the applicant's property now or in the near future or injury to any person.
Therefore as no part of s 10(2) is met, the Orders of the Court are;
1. The application is dismissed.
J Fakes
Commissioner of the Court
0
0
1