Genakis v Callil & anor [2008] NSWLEC 38

Genakis v Callil & anor [2008] NSWLEC 38

The applicant failed to demonstrate that the trees had caused, are causing, or are likely to cause damage to her property or injury to any person. Ordinary maintenance burdens from urban trees do not justify removal. The application must be dismissed.

Jurisdiction
Australia
Judgment Date
18 January 2008
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Ex Tempore Judgment
Outcome
Application dismissed
Legal Topics
['trees (neighbours)' 'damage to Property']
['environmental Law'] ['trees (neighbours)' 'damage to Property']

Case Brief

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Procedural Posture

Application Under Trees (disputes Between Neighbours) Act 2006 / Ex Tempore Judgment

Legal Issues

  1. 1 ["Whether the Casuarina glauca trees on the respondents' property have caused or are likely to cause damage to the applicant's property or injury to any person."]

Ratio Decidendi

The applicant failed to demonstrate that the trees had caused, are causing, or are likely to cause damage to her property or injury to any person. Ordinary maintenance burdens from urban trees do not justify removal. The application must be dismissed.

Court Disposition

Application dismissed

Orders

  • []