Liu v Morris [2012] NSWLEC 1345

Liu v Morris [2012] NSWLEC 1345

Ms Liu is not an owner or occupier of the land on which the damage occurred, and therefore has no standing under s 7 of the Trees (Disputes Between Neighbours) Act 2006 to seek orders for rectification or compensation for damage to property that is not on her land.

Jurisdiction
Australia
Judgment Date
28 November 2012
Procedural Posture
Tree Dispute (class 2) / Final Determination
Outcome
Application dismissed
Legal Topics
['trees (disputes Between Neighbours)' 'easements and Rights of Carriageway']
['property Law' 'environmental Law'] ['trees (disputes Between Neighbours)' 'easements and Rights of Carriageway']

Case Brief

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Procedural Posture

Tree Dispute (class 2) / Final Determination

Legal Issues

  1. 1 ['Whether a person with a right of carriageway or easement can apply under the Trees (Disputes Between Neighbours) Act 2006 for damage to property not owned or occupied by them']

Ratio Decidendi

Ms Liu is not an owner or occupier of the land on which the damage occurred, and therefore has no standing under s 7 of the Trees (Disputes Between Neighbours) Act 2006 to seek orders for rectification or compensation for damage to property that is not on her land.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']