Mulheron v Adams [2008] NSWLEC 1223

Mulheron v Adams [2008] NSWLEC 1223

None of the tests in s 10(2)(a) or (b) of the Trees (Disputes Between Neighbours) Act 2006 were met as there was no evidence the tree had caused, was causing, or was likely to cause damage or injury. The application was therefore dismissed for want of jurisdiction.

Jurisdiction
Australia
Judgment Date
22 May 2008
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Ex Tempore Judgment at First Instance
Outcome
Application dismissed
Legal Topics
['tree Disputes' 'neighbour Disputes' 'property Damage' 'injury Risk']
['environmental Law'] ['tree Disputes' 'neighbour Disputes' 'property Damage' 'injury Risk']

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Procedural Posture

Application Under Trees (disputes Between Neighbours) Act 2006 / Ex Tempore Judgment at First Instance

Legal Issues

  1. 1 ["Is the tree likely to cause damage to Mr Mulheron's property or injury to any person under s 10(2)(a) and (b) of the Trees (Disputes Between Neighbours) Act 2006?"]

Ratio Decidendi

None of the tests in s 10(2)(a) or (b) of the Trees (Disputes Between Neighbours) Act 2006 were met as there was no evidence the tree had caused, was causing, or was likely to cause damage or injury. The application was therefore dismissed for want of jurisdiction.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']