A NSW Court of Appeal judgement involving a woman whose husband was killed when a tree crashed through the roof of their home may change the liability laws relating to councils’ ability to avoid charges of non-feasance involving the duty of care.

The plaintiff, Caroline Timbs, twice complained to the Shoalhaven City Council about the trees, but was told they were safe and could not be removed under a tree preservation order. Phillips Fox partner Michael Down – who acted for the council in the case – says the decision means councils will have to spend more time and money inspecting trees and their root systems, which “could result in an increase in application fees for residents”.

Mrs Timbs sued the council for negligence for failing to allow them to remove the trees. The appeal court accepted the council’s advice was negligent, despite the trees having no visible defects.

Mr Down says the council is “considering the prospects of an appeal” to the High Court.