Dooley & anor v Berryman & anor [2016] NSWLEC 1500

Dooley & anor v Berryman & anor [2016] NSWLEC 1500

Debris, theoretical possibility of damage, or lack of current evidence of root damage or tile breakage do not satisfy the statutory requirement that damage or injury is likely in the near future. The application is dismissed as the threshold for intervention is not met.

Jurisdiction
Australia
Judgment Date
25 October 2016
Procedural Posture
Class 2 / Final Determination
Outcome
Application dismissed
Legal Topics
['tree Disputes Between Neighbours' 'debris From Trees' 'damage Risk Assessment']
['property' 'environmental'] ['tree Disputes Between Neighbours' 'debris From Trees' 'damage Risk Assessment']

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Procedural Posture

Class 2 / Final Determination

Legal Issues

  1. 1 ["Whether the Norfolk Island Pine tree is causing or likely in the near future to cause damage to the applicants' property" 'Whether the tree is likely to cause injury to any person as required by s10(2) of the Trees (Disputes Between Neighbours) Act 2006']

Ratio Decidendi

Debris, theoretical possibility of damage, or lack of current evidence of root damage or tile breakage do not satisfy the statutory requirement that damage or injury is likely in the near future. The application is dismissed as the threshold for intervention is not met.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']