Klopfer v Pierce [2009] NSWLEC 1333

Klopfer v Pierce [2009] NSWLEC 1333

The evidence did not satisfy any of the statutory tests of s10(2) Trees (Disputes Between Neighbours) Act 2006 for damage or injury attributable to the trees; thus, no intervention order should be made and the application must be dismissed.

Jurisdiction
Australia
Judgment Date
13 October 2009
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Final Judgment
Outcome
Application dismissed
Legal Topics
['tree Disputes' 'neighbour Relations' 'damage to Property' 'personal Injury']
['property' 'environmental'] ['tree Disputes' 'neighbour Relations' 'damage to Property' 'personal Injury']

Case Brief

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Procedural Posture

Application Under Trees (disputes Between Neighbours) Act 2006 / Final Judgment

Legal Issues

  1. 1 ["Whether the trees cause or are likely to cause damage to applicant's property" 'Whether the trees are likely to cause injury to the applicant or others' 'Whether obstruction of light by trees constitutes damage under the Act']

Ratio Decidendi

The evidence did not satisfy any of the statutory tests of s10(2) Trees (Disputes Between Neighbours) Act 2006 for damage or injury attributable to the trees; thus, no intervention order should be made and the application must be dismissed.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']