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| Recent court cases involving arborculture |
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The following are some recent court cases involving arborculture. On 28 October, Preston CJ gave a decision, Plath v Rawson [2009] NSWLEC 178, concerning a prosecution relating to land on the NSW north coast involving activities where, amongst other things, nearly 1,200 threatened or vulnerable species of rainforest plants were cut and poisoned [para 4]. In Joaquim v Adamson [2009] NSWLEC 1312, Moore SC and Fakes AC gave a decision (on 2 October 2009) concerning, amongst other matters, the financial consequences of poisoning a tree thus requiring it to be removed. In this case, the Commissioners held that actions by or on behalf of the applicants had caused the tree, a substantial Hills Fig tree, to require removal and, as a consequence, although the tree's owners were required to undertake the removal, the applicants were to meet the full cost of removal by re-imbursing the tree's owners the costs incurred. Thomson v Hawkesbury City Council [2009] NSWLEC 151 (cutting trees without development consent) Sydney Water Corporation v Turano [2009] HCA 42 (13 October 2009) (no negligence by Sydney Water in laying a water pipe 20 yrs ago which altered drainage and later caused rot and failure of a tree fatally injuring a driver of a car on which it fell) For more information visit Department of Justice and Attorney General - Promoting a Just and Safe Society. |
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