Lazenby & ors v Bergquist [2014] NSWLEC 1147

Lazenby & ors v Bergquist [2014] NSWLEC 1147

The Court dismissed the application because the evidence did not establish that bamboo roots were likely within the near future to cause damage to the applicants' property: the sewer pipe was about five metres from the boundary and bamboo, there was no evidence of current damage, no investigation showing roots near the sewer pipe, and no demonstrated basis for the suspected vulnerability of the pipe.

Jurisdiction
Australia
Judgment Date
23 July 2014
Procedural Posture
Class 2 Application Under the Trees (disputes Between Neighbours) Act 2006 / Hearing; Principal Judgment
Outcome
The application is dismissed.
Legal Topics
['bamboo' 'hedges' 'views' 'sunlight' 'future Damage' 'sewer Pipes' 'dismissal for Insufficient Evidence']
['trees Disputes Between Neighbours' 'property Law'] ['bamboo' 'hedges' 'views' 'sunlight' 'future Damage' 'sewer Pipes' 'dismissal for Insufficient Evidence']

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Procedural Posture

Class 2 Application Under the Trees (disputes Between Neighbours) Act 2006 / Hearing; Principal Judgment

Legal Issues

  1. 1 ['Whether the bamboo was a tree to which the Trees (Disputes Between Neighbours) Act 2006 applied.' "Whether bamboo roots were likely in the near future to cause damage to the applicants' property." 'Whether orders should be made requiring removal of the underground parts of the bamboo.']

Ratio Decidendi

The Court dismissed the application because the evidence did not establish that bamboo roots were likely within the near future to cause damage to the applicants' property: the sewer pipe was about five metres from the boundary and bamboo, there was no evidence of current damage, no investigation showing roots near the sewer pipe, and no demonstrated basis for the suspected vulnerability of the pipe.

Court Disposition

The application is dismissed.

Orders

  • ['The application is dismissed.']