Kengike & anor v Bale [2017] NSWLEC 1353

Kengike & anor v Bale [2017] NSWLEC 1353

The Court was not satisfied, based on evidence and expert assessment, that the tree is likely in the near future to cause damage or injury to the applicants’ property or any person, and therefore the Court's jurisdiction is not enlivened and the application must be dismissed.

Jurisdiction
Australia
Judgment Date
04 July 2017
Procedural Posture
Tree Dispute (class 2) / Hearing and Determination (final Orders)
Outcome
Application dismissed
Legal Topics
['disputes Between Neighbours' 'tree Disputes' 'remedies for Nuisance and Damage From Trees']
['environmental Law'] ['disputes Between Neighbours' 'tree Disputes' 'remedies for Nuisance and Damage From Trees']

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Procedural Posture

Tree Dispute (class 2) / Hearing and Determination (final Orders)

Legal Issues

  1. 1 ['Whether the tree has caused, is causing, or is likely in the near future to cause damage to property or injury to persons under the Trees (Disputes Between Neighbours) Act 2006']

Ratio Decidendi

The Court was not satisfied, based on evidence and expert assessment, that the tree is likely in the near future to cause damage or injury to the applicants’ property or any person, and therefore the Court's jurisdiction is not enlivened and the application must be dismissed.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']