In the case of Marra v Miles [2024] QCAT 162, the Queensland Civil and Administrative Tribunal ruled in favor of Joel Wayne Marra and Kristina Jayne Marra, the applicants, mandating the removal of an African Tulip tree situated on the respondent, Ann Miles' property. The tree, claimed by the Marras to cause significant and ongoing interference with the use and enjoyment of their property through debris accumulation and potential damage risk, was ordered to be removed at the Marras' expense. This expense includes tree removal, stump grinding, and site cleanup, alongside a $400 payment to Miles for the purchase of a replacement tree. The decision highlighted the Tribunal's consideration of the invasive nature of the African Tulip tree, its impact on local biodiversity, and prioritized the Marras' property use and enjoyment over Miles' sentimental value toward the tree.
From the TLDR Caselaw Archive