Donnellan & Anor v Cadeddu [2021] NSWSC 1600

Donnellan & Anor v Cadeddu [2021] NSWSC 1600

The plaintiffs have no claim in trespass regarding the defendants' dropping of severed hedge branches onto their land, as such conduct was authorised abatement; while the defendants did on one occasion cut parts of the hedge on the plaintiffs' side, there is no continuing apprehension of trespass to warrant injunctive relief, which is a necessary precursor to equitable damages.

Parties
First Plaintiff: Eamonn Donnellan; Second Plaintiff: Sibeal Ni Mhaille; First Defendant: Maria Rosa Cadeddu; Second Defendant: Caterina Cadeddu
Jurisdiction
Australia
Judgment Date
30 November 2021
Procedural Posture
Equity / Principal Judgment
Outcome
Plaintiffs' notice of motion dismissed; proceedings dismissed with costs.
Legal Topics
Trespass, Private Nuisance, Abatement, Unclean Hands, Injunctions
Torts Equity Trespass Private Nuisance Abatement Unclean Hands Injunctions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 12 Party arguments 2
Sign in to unlock

Parties

Eamonn Donnellan

First Plaintiff

Sibeal Ni Mhaille

Second Plaintiff

Maria Rosa Cadeddu

First Defendant

Caterina Cadeddu

Second Defendant

Procedural Posture

Equity / Principal Judgment

Legal Issues

  1. 1 Whether the defendants' trimming of the plaintiffs' overhanging hedge and depositing the green waste onto the plaintiffs' land amounted to trespass
  2. 2 Whether the defendants interfered with the hedge on the plaintiffs' property itself
  3. 3 Whether the plaintiffs were entitled to injunctive relief and/or equitable damages

Ratio Decidendi

The plaintiffs have no claim in trespass regarding the defendants' dropping of severed hedge branches onto their land, as such conduct was authorised abatement; while the defendants did on one occasion cut parts of the hedge on the plaintiffs' side, there is no continuing apprehension of trespass to warrant injunctive relief, which is a necessary precursor to equitable damages.

Court Disposition

Plaintiffs' notice of motion dismissed; proceedings dismissed with costs.

Orders

  • Plaintiffs' notice of motion filed 7 October 2021 dismissed.
  • Proceedings dismissed with costs.