Hewitt v Brisbane City Council

The case of Hewitt v Brisbane City Council involved a dispute between the Council and a resident over the presence of trees on the Council's land. The resident claimed that the trees posed a risk of falling, caused allergies, cracked paving, and damaged a pool pump, and sought their removal. The matter was heard in the Queensland Land Court. The court was required to determine whether the trees were likely to cause serious injury or damage to the resident's land or property within the next 12 months, and if the interference was substantial, ongoing, and unreasonable.

The court found that there was no independent expert evidence to support the claims of falling risk, allergy risk, or damage to the pool pump. There was also no evidence of serious damage, and the resident had not taken any steps to prevent or minimise the alleged risks. The court further noted that the trees predated the resident's purchase of their property and that the dropping of foliage was a natural occurrence in a suburban landscape that includes trees. The court held that the resident had not established that the trees were likely to cause serious injury or damage to their land or property within the next 12 months, or that the interference was substantial, ongoing, and unreasonable.

The court dismissed the application. The resident was ordered to pay the Council's costs of the proceeding.