Byrnes v Ryan [2021] NSWLEC 1076

Byrnes v Ryan [2021] NSWLEC 1076

The applicant failed to provide sufficient evidence that the tree has caused, is causing, or is likely in the near future to cause damage to her property, or is likely to cause injury. Minor inconvenience or maintenance does not warrant an order for intervention under the Act. As the requirements of s 7 of the Trees (Disputes Between Neighbours) Act 2006 were not satisfied, the application must be dismissed.

Jurisdiction
Australia
Judgment Date
23 February 2021
Procedural Posture
Tree Dispute Application / Judgment After Hearing
Outcome
Application dismissed
Legal Topics
['trees (disputes Between Neighbours)' 'damage to Property' 'apprehension of Injury' 'boundary Issues' 'dividing Fences']
['property Law' 'environmental Law'] ['trees (disputes Between Neighbours)' 'damage to Property' 'apprehension of Injury' 'boundary Issues' 'dividing Fences']

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Procedural Posture

Tree Dispute Application / Judgment After Hearing

Legal Issues

  1. 1 ["Whether the trees situated on the respondents' property have caused, are causing, or are likely to cause damage to the applicant's property" 'Whether the trees are likely to cause injury to any person as required under s 7 of the Trees (Disputes Between Neighbours) Act 2006' 'Whether any orders for pruning or removal should be made' 'Whether there is any entitlement to fence replacement under the Dividing Fences Act 1991']

Ratio Decidendi

The applicant failed to provide sufficient evidence that the tree has caused, is causing, or is likely in the near future to cause damage to her property, or is likely to cause injury. Minor inconvenience or maintenance does not warrant an order for intervention under the Act. As the requirements of s 7 of the Trees (Disputes Between Neighbours) Act 2006 were not satisfied, the application must be dismissed.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']