Eriksson and anor v Malik [2008] NSWLEC 1416

Eriksson and anor v Malik [2008] NSWLEC 1416

The Court found that there was insufficient evidence linking the trees to the damage, observed no tree roots in the pool wall opening or damage to the pool concourse, and concluded that damage was more likely caused by a broken pipe and/or pool age. There was also no evidence that the trees were likely to cause injury to any person. The statutory tests under s 10(2)(a) and (b) were not met; therefore, the application was dismissed.

Jurisdiction
Australia
Judgment Date
14 October 2008
Procedural Posture
Trees (neighbours) Dispute / Ex Tempore Judgment
Outcome
Application dismissed
Legal Topics
['tree Disputes' 'damage to Property' 'compensation' 'injury Risk']
['property Law'] ['tree Disputes' 'damage to Property' 'compensation' 'injury Risk']

Case Brief

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Procedural Posture

Trees (neighbours) Dispute / Ex Tempore Judgment

Legal Issues

  1. 1 ["Whether the trees caused damage to the applicant's property" 'Whether the trees are likely to cause injury to any person' 'Whether compensation is payable for removal of the pool' 'Whether removal of the trees is warranted']

Ratio Decidendi

The Court found that there was insufficient evidence linking the trees to the damage, observed no tree roots in the pool wall opening or damage to the pool concourse, and concluded that damage was more likely caused by a broken pipe and/or pool age. There was also no evidence that the trees were likely to cause injury to any person. The statutory tests under s 10(2)(a) and (b) were not met; therefore, the application was dismissed.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']