Carlyle-Sainty v Barnes [2007] NSWLEC 339

Carlyle-Sainty v Barnes [2007] NSWLEC 339

The Court refused the application because the evidence and the Commissioner's inspection did not show likely complete failure of the tree or failure of major limb attachments in the foreseeable future, the tree was not likely to cause damage to the applicants' property in the near future, and there was no significant risk of injury to persons, particularly given the lack of significant use of the relevant target area.

Jurisdiction
Australia
Judgment Date
07 June 2007
Procedural Posture
Trees (neighbours) Neighbour Application Under S 7 of the Trees (disputes Between Neighbours) Act 2006 / Ex Tempore Judgment
Outcome
Application refused
Legal Topics
['neighbouring Trees' 'risk of Injury to Persons' 'property Damage in the Near Future' 'tree Removal Application']
['environmental Law' 'trees Disputes Between Neighbours'] ['neighbouring Trees' 'risk of Injury to Persons' 'property Damage in the Near Future' 'tree Removal Application']

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Procedural Posture

Trees (neighbours) Neighbour Application Under S 7 of the Trees (disputes Between Neighbours) Act 2006 / Ex Tempore Judgment

Legal Issues

  1. 1 ["Whether the Red Mahogany on the respondents' property posed a risk of injury to persons under s 10(2)(b) of the Trees (Disputes Between Neighbours) Act 2006." "Whether it was likely, in the near future, that the tree would cause damage to the applicants' property under s 10(2)(a) of the Trees (Disputes Between Neighbours) Act 2006." 'Whether the Court should order removal or other intervention with the tree.']

Ratio Decidendi

The Court refused the application because the evidence and the Commissioner's inspection did not show likely complete failure of the tree or failure of major limb attachments in the foreseeable future, the tree was not likely to cause damage to the applicants' property in the near future, and there was no significant risk of injury to persons, particularly given the lack of significant use of the relevant target area.

Court Disposition

Application refused

Orders

  • ['The application is refused.']