Chu v Blissett [2009] NSWLEC 1200

Chu v Blissett [2009] NSWLEC 1200

None of the tests in s 10(2)(a) of the Trees (Disputes Between Neighbours) Act 2006 were met, as the evidence did not sufficiently establish that the tree had caused or was likely to cause damage to the sewer, fence, garden edge, roof, or house foundation; therefore, the Court does not have power to make orders and the application is dismissed.

Parties
Applicant: Diana Chu; Applicant: Edward Chu; Respondent: Norman Blissett; Respondent: Margaret Blissett
Jurisdiction
Australia
Judgment Date
26 May 2009
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Ex Tempore Judgment Following Hearing
Outcome
Application dismissed
Legal Topics
Trees (disputes Between Neighbours), Neighbour Disputes, Property Damage, Sewer Damage
Property Law Environmental Law Trees (disputes Between Neighbours) Neighbour Disputes Property Damage Sewer Damage

Case Brief

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Parties

Diana Chu

Applicant

Edward Chu

Applicant

Norman Blissett

Respondent

Margaret Blissett

Respondent

Procedural Posture

Application Under Trees (disputes Between Neighbours) Act 2006 / Ex Tempore Judgment Following Hearing

Legal Issues

  1. 1 Whether the Sydney Blue Gum tree caused or was likely to cause damage to the applicants' property, including sewer, foundation, fence, garden edge, and roof, within the meaning of s 10(2)(a) of the Trees (Disputes Between Neighbours) Act 2006
  2. 2 Whether the Court should exercise its discretion to order removal or interference with the tree

Ratio Decidendi

None of the tests in s 10(2)(a) of the Trees (Disputes Between Neighbours) Act 2006 were met, as the evidence did not sufficiently establish that the tree had caused or was likely to cause damage to the sewer, fence, garden edge, roof, or house foundation; therefore, the Court does not have power to make orders and the application is dismissed.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.