Mercieca v Swenson & anor [2017] NSWLEC 1578

Mercieca v Swenson & anor [2017] NSWLEC 1578

On the evidence before the Court, it could not be satisfied to the extent required by s 10(2) of the Trees (Disputes Between Neighbours) Act 2006 that the displacement and gap in the concrete slab or the damage to the window frame was caused by the tree the subject of the application; therefore no orders could be made and the application was dismissed.

Jurisdiction
Australia
Judgment Date
12 October 2017
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Final Determination
Outcome
Application dismissed
Legal Topics
['trees (disputes Between Neighbours)' 'damage to Property' 'rectification' 'sufficiency of Evidence' 'nexus Between Tree and Damage']
['environmental Law'] ['trees (disputes Between Neighbours)' 'damage to Property' 'rectification' 'sufficiency of Evidence' 'nexus Between Tree and Damage']

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Procedural Posture

Application Under Trees (disputes Between Neighbours) Act 2006 / Final Determination

Legal Issues

  1. 1 ['Whether the tree caused or is likely to cause damage to the applicant’s property for the purposes of s 10(2) of the Trees (Disputes Between Neighbours) Act 2006' 'Whether there is a sufficient nexus between the tree and the claimed damage to the concrete slab and window frame' "Whether orders for removal or rectification should be made at the respondents' expense"]

Ratio Decidendi

On the evidence before the Court, it could not be satisfied to the extent required by s 10(2) of the Trees (Disputes Between Neighbours) Act 2006 that the displacement and gap in the concrete slab or the damage to the window frame was caused by the tree the subject of the application; therefore no orders could be made and the application was dismissed.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']