O’Donnell v Yam [2008] NSWLEC 1444

O’Donnell v Yam [2008] NSWLEC 1444

The application was dismissed due to lack of jurisdiction as the tree had already been removed prior to the application being lodged.

Parties
Applicant: Brendan O'Donnell; Respondent: Elseve Yam; Respondent: Warren Yam
Jurisdiction
Australia
Judgment Date
13 October 2008
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Ex Tempore Judgment
Outcome
application dismissed
Legal Topics
Court Jurisdiction, Tree Disputes Between Neighbours
Environment Law Court Jurisdiction Tree Disputes Between Neighbours

Case Brief

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Parties

Brendan O'Donnell

Applicant

Elseve Yam

Respondent

Warren Yam

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the Court has jurisdiction to hear an application regarding a tree that was removed prior to lodgment of the application

Ratio Decidendi

The application was dismissed due to lack of jurisdiction as the tree had already been removed prior to the application being lodged.

Court Disposition

application dismissed

Orders

  • The application is dismissed.