Milwain v Schofield [2016] NSWLEC 1468

Milwain v Schofield [2016] NSWLEC 1468

There is no sufficient evidence that the trees are likely to cause damage to the applicant's property or injury to any person in the near or foreseeable future. The application fails the jurisdictional test under s 10(2) of the Trees Act.

Parties
Applicant: Barry Milwain; Respondent: Timothy Schofield
Jurisdiction
Australia
Judgment Date
07 October 2016
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Final Decision
Outcome
Application dismissed
Legal Topics
Tree Disputes, Neighbours, Potential Damage or Injury, Evidential Sufficiency
Property Law Environmental Law Tree Disputes Neighbours Potential Damage or Injury Evidential Sufficiency

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Parties

Barry Milwain

Applicant

Timothy Schofield

Respondent

Procedural Posture

Application Under Trees (disputes Between Neighbours) Act 2006 / Final Decision

Legal Issues

  1. 1 Whether trees are likely to cause damage to the applicant's property in the near future
  2. 2 Whether trees are likely to cause injury to any person
  3. 3 Whether there is sufficient evidence to order pruning of trees

Ratio Decidendi

There is no sufficient evidence that the trees are likely to cause damage to the applicant's property or injury to any person in the near or foreseeable future. The application fails the jurisdictional test under s 10(2) of the Trees Act.

Court Disposition

Application dismissed

Orders

  • The application is dismissed