Biady v Alidenes [2019] NSWLEC 1467

Biady v Alidenes [2019] NSWLEC 1467

The applicants failed to establish on the evidence that either the Jacaranda or the Robinia trees have caused, are causing, or are likely in the near future to cause, damage or injury as required under s 10(2) of the Trees (Disputes Between Neighbours) Act 2006 (NSW).

Jurisdiction
Australia
Judgment Date
25 September 2019
Procedural Posture
Tree Dispute Application / Principal Judgment
Outcome
Application refused.
Legal Topics
['trees (disputes Between Neighbours)' 'damage to Property' 'causation of Damage']
['environmental Law' 'property Law'] ['trees (disputes Between Neighbours)' 'damage to Property' 'causation of Damage']

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Procedural Posture

Tree Dispute Application / Principal Judgment

Legal Issues

  1. 1 ['Whether applicants made reasonable effort to reach agreement under s 10(1) of the Trees (Disputes Between Neighbours) Act 2006 (NSW)' 'Whether the Jacaranda or Robinia trees caused, are causing, or are likely in the near future to cause, damage to the applicants’ property or injury under s 10(2) of the Act']

Ratio Decidendi

The applicants failed to establish on the evidence that either the Jacaranda or the Robinia trees have caused, are causing, or are likely in the near future to cause, damage or injury as required under s 10(2) of the Trees (Disputes Between Neighbours) Act 2006 (NSW).

Court Disposition

Application refused.

Orders

  • ['The application is refused.']