Small v Minard & anor [2016] NSWLEC 1048

Small v Minard & anor [2016] NSWLEC 1048

The applicant adduced no evidence capable of satisfying s 10(2)(a) that the tree had caused, was causing, or was likely in the near future to cause damage to her property, and injury was not pressed; consequently the Court had no jurisdiction to order intervention with the tree and dismissed the application.

Jurisdiction
Australia
Judgment Date
15 February 2016
Procedural Posture
Class 2 Application Under S 7 Part 2 of the Trees (disputes Between Neighbours) Act 2006 Seeking Lopping or Removal of a Tree / Principal Judgment After on Site Hearing
Outcome
Application dismissed
Legal Topics
['potential Tree Damage' 'leaf and Needle Debris' 'guttering' 'jurisdiction Under S 10(2) of the Trees (disputes Between Neighbours) Act 2006']
['trees Disputes Between Neighbours' 'land and Environment'] ['potential Tree Damage' 'leaf and Needle Debris' 'guttering' 'jurisdiction Under S 10(2) of the Trees (disputes Between Neighbours) Act 2006']

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Procedural Posture

Class 2 Application Under S 7 Part 2 of the Trees (disputes Between Neighbours) Act 2006 Seeking Lopping or Removal of a Tree / Principal Judgment After on Site Hearing

Legal Issues

  1. 1 ["Whether the tree has caused, is causing, or is likely in the near future to cause damage to the applicant's property under s 10(2)(a) of the Trees (Disputes Between Neighbours) Act 2006." 'Whether leaf or needle debris in guttering provided a basis for orders for lopping or removal of the tree.']

Ratio Decidendi

The applicant adduced no evidence capable of satisfying s 10(2)(a) that the tree had caused, was causing, or was likely in the near future to cause damage to her property, and injury was not pressed; consequently the Court had no jurisdiction to order intervention with the tree and dismissed the application.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']