Maher v Bourquin [2011] NSWLEC 1129

Maher v Bourquin [2011] NSWLEC 1129

The Court was not satisfied that any tree on the respondent's land caused damage to the applicant's retaining wall, thus the Court's jurisdiction was not enlivened and no orders for compensation could be made.

Parties
Applicant: Christopher Vincent Maher; Respondent: Annett Bourquin
Jurisdiction
Australia
Judgment Date
18 May 2011
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Hearing and Judgment
Outcome
Application dismissed
Legal Topics
Trees and Property Damage, Neighbour Disputes, Compensation Claims
Environmental Law Property Law Trees and Property Damage Neighbour Disputes Compensation Claims

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Parties

Christopher Vincent Maher

Applicant

Annett Bourquin

Respondent

Procedural Posture

Application Under Trees (disputes Between Neighbours) Act 2006 / Hearing and Judgment

Legal Issues

  1. 1 Whether trees on the respondent's land caused damage to the applicant's retaining wall under s 10(2) of the Trees (Disputes Between Neighbours) Act 2006
  2. 2 Whether compensation should be awarded for the retaining wall reconstruction

Ratio Decidendi

The Court was not satisfied that any tree on the respondent's land caused damage to the applicant's retaining wall, thus the Court's jurisdiction was not enlivened and no orders for compensation could be made.

Court Disposition

Application dismissed