Bowan v Glanville [2008] NSWLEC 10

Bowan v Glanville [2008] NSWLEC 10

None of the matters raised were sufficiently serious to warrant court intervention as the statutory threshold for serious damage or risk was not met; application dismissed and private agreement between parties noted.

Parties
Applicant: Betty Bowan; Respondent: Wayne Glanville
Jurisdiction
Australia
Judgment Date
10 January 2008
Procedural Posture
Neighbour Application Under Trees (disputes Between Neighbours) Act 2006 / Final Judgment
Outcome
Application dismissed. Agreement between parties noted and orders made by consent regarding pruning and maintenance.
Legal Topics
Trees (neighbours), Removal of Trees, Damage to Property
Environment and Planning Law Property Law Trees (neighbours) Removal of Trees Damage to Property

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Parties

Betty Bowan

Applicant

Wayne Glanville

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Application relating to removal/pruning of trees and vegetation overhanging applicant's property
  2. 2 Whether trees or their roots caused or are likely to cause damage or injury
  3. 3 Jurisdiction triggered under s 10(2) of Trees (Disputes Between Neighbours) Act 2006

Ratio Decidendi

None of the matters raised were sufficiently serious to warrant court intervention as the statutory threshold for serious damage or risk was not met; application dismissed and private agreement between parties noted.

Court Disposition

Application dismissed. Agreement between parties noted and orders made by consent regarding pruning and maintenance.

Orders

  • General rights to prune overhanging vegetation back to the boundary at applicant's cost.
  • Mr Glanville to inspect Bangalow palm and collect fallen fronds from applicant's property.