Original language

English

Country
Australia
Date of text
Status
Unknown
Type of court
Others
Sources
Court name
Land and Environment Court of New South Wales
Reference number
[2010] NSWLEC 1024
Tagging
Property, Damages, Inspections, Evidence
Free tags
Legal questions
Land & soil
Justice(s)
Fakes.
Abstract
Ms Reuben lodged an application with the Court concerning a number of trees located on the adjacent property owned by Mr and Mrs Lace. The basis of the application was made of a risk of injury to persons. A branch detached itself from the large eucalypt which is one of the trees, that is subject to the application – being the tree closest to the front of Mr and Mrs Lace's property. As a consequence the Court has concluded that all three trunks of the tree should be removed at a point approximate to the point where those trunks diverge as shown on the marked photograph appended to this judgement. This will retain some potential habitat but minimise the risk of injury to persons. Mr and Mrs Lace should be responsible for undertaking the removal. They should bear the cost of the removal of the tree within 90 days from the date of this hearing.