Awad v Hardie (No. 3) [2012] NSWLEC 1067

Awad v Hardie (No. 3) [2012] NSWLEC 1067

There have not been any significant changes in the circumstances regarding the Camphor Laurel tree since the previous proceedings; neither property damage nor a likely risk of injury attributable to the tree was established, and the expert report provided did not substantiate causal connection required by law, thus...

Source-derived case information.

Parties
Applicant: Fay Awad; Respondent: Lilian Frances Hardie
Jurisdiction
Australia
Judgment Date
08 March 2012
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Determination at Hearing
Outcome
Application dismissed in its entirety.
Legal Topics
Disputes Between Neighbours, Tree Disputes, Damage to Property, Risk of Injury
Environmental Law Property Law Disputes Between Neighbours Tree Disputes Damage to Property Risk of Injury

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Parties

Fay Awad

Applicant

Lilian Frances Hardie

Respondent

Procedural Posture

Application Under Trees (disputes Between Neighbours) Act 2006 / Determination at Hearing

Legal Issues

  1. 1 Whether there have been changes to circumstances concerning a Camphor Laurel tree that justify a new application after a previous dismissal.
  2. 2 Whether the tree has caused or is likely to cause damage to the applicant's property or injury to any person.

Ratio Decidendi

There have not been any significant changes in the circumstances regarding the Camphor Laurel tree since the previous proceedings; neither property damage nor a likely risk of injury attributable to the tree was established, and the expert report provided did not substantiate causal connection required by law, thus the application must be dismissed.

Court Disposition

Application dismissed in its entirety.

Orders

  • The application is dismissed in its entirety.