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sola
发表于 2021-5-14 20:09:59
Case Study #5 Storm Damage [2016] NSWLEC 1409
Facts: During a storm, limbs from two Grey Box trees on the tree owner’s property fell and damaged the neighbour’s guttering, a roof panel, fence panels and fly screen. The affected neighbour had claimed the damage on his insurance, and the claim had been paid. He wanted the trees removed. The tree owner’s arboriculture report stated that the limbs broke from the tree because of the very strong winds, not from any structural weakness.
Orders: The two trees must remain because they contributed substantially to the general amenity of the land and contribute to the ecosystem and biodiversity of the local area. The trees are to be pruned by the tree owner every 4 years. The tree owner was ordered to pay one half of the insurance excess of $300.
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