Lee & anor v Poon & anor [2007] NSWLEC 613

Lee & anor v Poon & anor [2007] NSWLEC 613

The roots of the respondents' Jacaranda had caused sufficient damage to the applicants' carport and fence to enliven the Court's jurisdiction under s 10(2)(a), and it was prudent to give effect by consent orders to the parties' agreement that the tree be removed at the respondents' cost, with the compensation claim dismissed by consent.

Jurisdiction
Australia
Judgment Date
20 September 2007
Procedural Posture
Trees (neighbours) Neighbour Application / Ex Tempore Judgment; Consent Orders
Outcome
Consent orders made for removal of the tree; applicants' compensation claim dismissed by consent.
Legal Topics
['removal of Neighbouring Tree' 'damage Caused by Tree Roots' 'consent Orders' 'compensation Claim']
['land and Environment' 'trees Disputes Between Neighbours'] ['removal of Neighbouring Tree' 'damage Caused by Tree Roots' 'consent Orders' 'compensation Claim']

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Procedural Posture

Trees (neighbours) Neighbour Application / Ex Tempore Judgment; Consent Orders

Legal Issues

  1. 1 ["Whether damage caused by the roots of the respondents' Jacaranda to the applicants' carport and fence was sufficient to enliven the Court's jurisdiction under s 10(2)(a) of the Trees (Disputes Between Neighbours) Act 2006." "Whether consent orders should be made to give effect to the parties' agreement that the tree be removed."]

Ratio Decidendi

The roots of the respondents' Jacaranda had caused sufficient damage to the applicants' carport and fence to enliven the Court's jurisdiction under s 10(2)(a), and it was prudent to give effect by consent orders to the parties' agreement that the tree be removed at the respondents' cost, with the compensation claim dismissed by consent.

Court Disposition

Consent orders made for removal of the tree; applicants' compensation claim dismissed by consent.

Orders

  • ["Consent orders will be made to give effect to the parties' agreement that the tree be removed." "By consent, the applicants' claim for compensation for the damage caused by the tree is to be dismissed."]