Pickford v Hatzidimitrion [2012] NSWLEC 1023
The applicants failed to establish, on the preponderance of probability, that the trees have caused or are likely to cause damage or injury as required by s 10(2) of the Act; mere nuisance from leaf drop or minor branch fall is insufficient for orders of removal; the evidence does not establish a causal link between the trees and alleged property damage or risk of injury.
- Jurisdiction
- Australia
- Judgment Date
- 09 February 2012
- Procedural Posture
- Application Under the Trees (disputes Between Neighbours) Act 2006 / Final Decision
- Outcome
- Application dismissed
- Legal Topics
- ['tree Disputes' 'neighbourhood Disputes' 'property Damage' 'risk of Injury']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Application Under the Trees (disputes Between Neighbours) Act 2006 / Final Decision
Legal Issues
- 1 ['Whether the trees caused or are likely to cause damage to property or injury to persons under s 10(2) of the Trees (Disputes Between Neighbours) Act 2006']
Ratio Decidendi
The applicants failed to establish, on the preponderance of probability, that the trees have caused or are likely to cause damage or injury as required by s 10(2) of the Act; mere nuisance from leaf drop or minor branch fall is insufficient for orders of removal; the evidence does not establish a causal link between the trees and alleged property damage or risk of injury.
Court Disposition
Application dismissed
Orders
- ['The application is dismissed.']
Full Case Text
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