Watson v Herbert [2009] NSWLEC 1357
None of the trees subject to the application were found to have caused, to be causing, or likely in the near future to cause damage to the applicants' property, nor to be a fire risk or cause interference with electricity lines falling within the Court's remit; thus, the statutory test for intervention was not met and the application was dismissed.
- Parties
- Applicant: Andrew & Barbara Watson; Respondent: Colin & Freda Herbert
- Jurisdiction
- Australia
- Judgment Date
- 14 October 2009
- Procedural Posture
- Tree Dispute Application / Ex Tempore Judgment
- Outcome
- Application dismissed
- Legal Topics
- Trees (disputes Between Neighbours) Act 2006, Removal and Pruning of Trees, Damage to Property, Neighbourhood Disputes
Case Brief
Summary, issues, holding and outcome
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Parties
Andrew & Barbara Watson
Applicant
Colin & Freda Herbert
Respondent
Procedural Posture
Tree Dispute Application / Ex Tempore Judgment
Legal Issues
- 1 Whether the trees have caused, are causing, or are likely in the near future to cause damage to the applicants' property
- 2 Whether detritus from the trees justifies removal or pruning
- 3 Potential fire risk posed by the trees
Ratio Decidendi
None of the trees subject to the application were found to have caused, to be causing, or likely in the near future to cause damage to the applicants' property, nor to be a fire risk or cause interference with electricity lines falling within the Court's remit; thus, the statutory test for intervention was not met and the application was dismissed.
Court Disposition
Application dismissed
Orders
- The application is dismissed in its entirety.
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