Smith & Hannaford v Zhang & Zhou [2011] NSWLEC 29
The evidence did not establish on the balance of probabilities a causal nexus between the Sydney Blue Gum and the damage to the applicants' dwelling. Accordingly, the Court was not satisfied as required by s 10(2) and dismissed the application. No order for costs was made, as the circumstances did not justify departure from the ordinary rule.
- Jurisdiction
- Australia
- Judgment Date
- 04 March 2011
- Procedural Posture
- Application Under S 7 of the Trees (disputes Between Neighbours) Act 2006 / Principal Judgment
- Outcome
- Application dismissed
- Legal Topics
- ['trees and Vegetation' 'causation' 'costs' 'trees (disputes Between Neighbours) Act 2006']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Application Under S 7 of the Trees (disputes Between Neighbours) Act 2006 / Principal Judgment
Legal Issues
- 1 ["Whether the Sydney Blue Gum tree caused damage to the applicant's dwelling under s 10(2) of the Trees (Disputes Between Neighbours) Act 2006" 'Entitlement to costs under Land and Environment Court Rule 3.7(2)']
Ratio Decidendi
The evidence did not establish on the balance of probabilities a causal nexus between the Sydney Blue Gum and the damage to the applicants' dwelling. Accordingly, the Court was not satisfied as required by s 10(2) and dismissed the application. No order for costs was made, as the circumstances did not justify departure from the ordinary rule.
Court Disposition
Application dismissed
Orders
- ['Application dismissed' 'Notice of Motion dated 23 November 2010 is dismissed' 'Exhibits may be returned' 'No order as to costs']
Full Case Text
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