A lessor who applies to a council for consent to remove a dangerous tree must use reasonable care to ensure the council has all relevant information about the tree's history of causing damage and injury. However, a breach of this duty will not be causative of injury unless it is shown that the council would have reached a different decision had it been properly informed. A council's refusal to permit removal of a healthy native tree under a tree preservation policy is not unreasonable merely because the tree species produces deadwood and poses a risk common to trees of that type.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.