Kent v Karpisek [2010] NSWLEC 1149

Kent v Karpisek [2010] NSWLEC 1149

Neither the fig tree nor the eucalypt has caused, is causing, or is likely in the near future to cause damage or injury. Any displacement to the fence by the fig tree is insufficient to warrant an order, considering the proportionality of the remedy and the contribution of the tree to amenity and ecosystem. The Court is not satisfied any intervention is required.

Jurisdiction
Australia
Judgment Date
18 June 2010
Procedural Posture
Trees (disputes Between Neighbours) Act 2006 Application / Judgment
Outcome
Application dismissed
Legal Topics
['tree Disputes' 'property Damage' 'injury to Persons' 'jurisdiction of Land and Environment Court']
['environmental Law'] ['tree Disputes' 'property Damage' 'injury to Persons' 'jurisdiction of Land and Environment Court']

Case Brief

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Procedural Posture

Trees (disputes Between Neighbours) Act 2006 Application / Judgment

Legal Issues

  1. 1 ["Whether trees on the respondent's property have caused, are causing, or are likely in the near future to cause damage to applicant's property or injury to any person under s 10(2) of the Trees (Disputes Between Neighbours) Act 2006"]

Ratio Decidendi

Neither the fig tree nor the eucalypt has caused, is causing, or is likely in the near future to cause damage or injury. Any displacement to the fence by the fig tree is insufficient to warrant an order, considering the proportionality of the remedy and the contribution of the tree to amenity and ecosystem. The Court is not satisfied any intervention is required.

Court Disposition

Application dismissed

Orders

  • ['The application in its entirety is dismissed.']