TREES (DISPUTES BETWEEN NEIGHBOURS) — Pt 2 application — neighbouring trees — whether the trees are likely to cause damage to the applicant’s property — other factors contributing to the likelihood of trees causing damage, including the applicant’s actions — orders for tree pruning
Quick Take
1Where an applicant's own actions (here, likely poisoning of trees through drill holes) have caused the tree condition giving rise to the risk of damage, the Court may order that the applicant bear the cost of remedial works rather than the tree owner, applying the approach in Joaquim v Adamson [2009] NSWLEC 1312
2On the facts, the pattern of crown dieback in three trees correlated with the presence and depth of drill holes in their stems, and the applicant was the only party with a motive to interfere with the trees, supporting a finding of deliberate poisoning on the balance of probabilities
3Where an applicant claims inability to pay for ordered works, the Court may frame orders as discretionary (permitting rather than requiring the applicant to carry out works) to avoid potential contempt issues
