Bouas v Connolly [2008] NSWLEC 1344

Bouas v Connolly [2008] NSWLEC 1344

Minor damage to shade cloth by branches met the first test in s 10(2)(a), but the damage was insufficient for court intervention given considerations under s 12 of the Act, including ecological and landscape value.

Jurisdiction
Australia
Judgment Date
11 August 2008
Procedural Posture
Tree Dispute / Final Judgment
Outcome
Application refused
Legal Topics
['tree Disputes' 'damage to Property' 'neighbour Disputes']
['property Law' 'environmental Law'] ['tree Disputes' 'damage to Property' 'neighbour Disputes']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Tree Dispute / Final Judgment

Legal Issues

  1. 1 ["Has the tree caused damage to the applicant's property?" "Is the tree now causing damage to the applicant's property?" "Is the tree likely in the near future to cause damage to the applicant's property?" 'Is the tree likely to cause injury to any person?']

Ratio Decidendi

Minor damage to shade cloth by branches met the first test in s 10(2)(a), but the damage was insufficient for court intervention given considerations under s 12 of the Act, including ecological and landscape value.

Court Disposition

Application refused

Orders

  • ['Application refused']