Storos v Pantehis [2009] NSWLEC 1325

Storos v Pantehis [2009] NSWLEC 1325

The Court dismissed the application because the tree had not caused and was not causing damage to Mrs Storos' property, was not likely in the near future to cause damage, and was not likely to cause injury; therefore none of the tests in s 10(2) of the Trees (Disputes Between Neighbours) Act 2006 was satisfied and the Court could not make orders for intervention with the tree.

Jurisdiction
Australia
Judgment Date
15 September 2009
Procedural Posture
Application Under the Trees (disputes Between Neighbours) Act 2006 to Rectify or Prevent Property Damage and to Prevent Risk of Injury / Ex Tempore Judgment
Outcome
Application dismissed
Legal Topics
['pruning of Tree' 'damage to Property' 'risk of Injury' 'overhanging Branches' 'tree Debris']
['trees Disputes' 'neighbour Disputes' 'land and Environment Court Proceedings'] ['pruning of Tree' 'damage to Property' 'risk of Injury' 'overhanging Branches' 'tree Debris']

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Procedural Posture

Application Under the Trees (disputes Between Neighbours) Act 2006 to Rectify or Prevent Property Damage and to Prevent Risk of Injury / Ex Tempore Judgment

Legal Issues

  1. 1 ["Whether the tree has caused, is causing, or is likely in the near future to cause damage to the applicant's property under s 10(2)(a) of the Trees (Disputes Between Neighbours) Act 2006." 'Whether the tree is likely to cause injury to any person under s 10(2)(b) of the Trees (Disputes Between Neighbours) Act 2006.' 'Whether the Court could make orders for lopping or removal of overhanging limbs and branches.']

Ratio Decidendi

The Court dismissed the application because the tree had not caused and was not causing damage to Mrs Storos' property, was not likely in the near future to cause damage, and was not likely to cause injury; therefore none of the tests in s 10(2) of the Trees (Disputes Between Neighbours) Act 2006 was satisfied and the Court could not make orders for intervention with the tree.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']