Donato v Drovandi [2018] NSWLEC 1595

The evidence failed to satisfy the jurisdictional test under s 10(2) of the Trees Act as the tree was unlikely to cause relevant damage or injury in the next 12 months; the application was dismissed.

Parties: Applicant: Frank Donato; Applicant: Grace Donato; Respondent: Grazia Drovandi
Jurisdiction: Australia
Judgment Date: 25 October 2018
Procedural Posture: Tree Dispute / Judgment
Outcome: Application dismissed
Legal Topics: Damage to Property, Tree Disputes Between Neighbours

Property Damage to Property Tree Disputes Between Neighbours

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Parties

Frank Donato

Applicant

Grace Donato

Applicant

Grazia Drovandi

Respondent

Procedural Posture

Tree Dispute / Judgment

Legal Issues

1 Whether the tree on the respondent's property is causing damage to the applicants' property and warrants orders for removal under the Trees (Disputes Between Neighbours) Act 2006 (NSW)

Ratio Decidendi

The evidence failed to satisfy the jurisdictional test under s 10(2) of the Trees Act as the tree was unlikely to cause relevant damage or injury in the next 12 months; the application was dismissed.

Court Disposition

Application dismissed

Orders

The application is dismissed.