Lancaster v Dwyer [2018] NSWLEC 1202

Lancaster v Dwyer [2018] NSWLEC 1202

The trees do not present a risk of damage or injury in the near future given their current state and recent pruning; the respondent has acted reasonably on professional advice and further orders are unnecessary.

Parties
Applicant: Catherine Lancaster; Respondent: Robert Dwyer
Jurisdiction
Australia
Judgment Date
18 April 2018
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 (nsw) / Final Judgment at First Instance
Outcome
Application dismissed
Legal Topics
Tree Disputes Between Neighbours, Risk of Damage or Injury From Trees
Environmental Law Property Law Tree Disputes Between Neighbours Risk of Damage or Injury From Trees

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Parties

Catherine Lancaster

Applicant

Robert Dwyer

Respondent

Procedural Posture

Application Under Trees (disputes Between Neighbours) Act 2006 (nsw) / Final Judgment at First Instance

Legal Issues

  1. 1 Whether respondent’s trees pose a risk of damage or injury to applicant or property in the near future
  2. 2 Whether orders should be made for tree removal, pruning, or inspections under s 7 of the Trees (Disputes Between Neighbours) Act 2006 (NSW)

Ratio Decidendi

The trees do not present a risk of damage or injury in the near future given their current state and recent pruning; the respondent has acted reasonably on professional advice and further orders are unnecessary.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.