Manolis v Blazek [2010] NSWLEC 1072

Manolis v Blazek [2010] NSWLEC 1072

There was no evidence that any of the three trees had caused, were causing, or were likely in the near future to cause damage to the applicants' property, and no evidence that any tree was likely to cause injury to any person. Leaf and debris drop, without property damage, did not satisfy the statutory tests. Because none of the s 10(2) tests was met, the Court had no jurisdiction to make an order interfering with the trees.

Jurisdiction
Australia
Judgment Date
26 March 2010
Procedural Posture
Application Pursuant to S 7 of the Trees (disputes Between Neighbours) Act 2006 for Removal of Three Trees / Ex Tempore Judgment After Hearing
Outcome
Application dismissed
Legal Topics
['damage to Property' 'risk of Injury to Persons' 'removal of Trees' 'leaf and Debris Drop' 'jurisdiction Under S 10(2)']
['environment and Planning' 'trees Disputes Between Neighbours'] ['damage to Property' 'risk of Injury to Persons' 'removal of Trees' 'leaf and Debris Drop' 'jurisdiction Under S 10(2)']

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Procedural Posture

Application Pursuant to S 7 of the Trees (disputes Between Neighbours) Act 2006 for Removal of Three Trees / Ex Tempore Judgment After Hearing

Legal Issues

  1. 1 ["Whether any of the three trees had caused, were causing, or were likely in the near future to cause damage to the applicants' property." 'Whether any of the trees were likely to cause injury to any person.' 'Whether leaf and debris drop from the trees provided a basis for orders under the Trees (Disputes Between Neighbours) Act 2006.' 'Whether the Court had jurisdiction to order removal of any of the trees.']

Ratio Decidendi

There was no evidence that any of the three trees had caused, were causing, or were likely in the near future to cause damage to the applicants' property, and no evidence that any tree was likely to cause injury to any person. Leaf and debris drop, without property damage, did not satisfy the statutory tests. Because none of the s 10(2) tests was met, the Court had no jurisdiction to make an order interfering with the trees.

Court Disposition

Application dismissed

Orders

  • ['The application to remove the trees is dismissed.']