Wilks v Warne [2008] NSWLEC 1199

Wilks v Warne [2008] NSWLEC 1199

There was no dispute between the parties as to the willingness to remove the tree if necessary, and there was insufficient evidence that the tree had caused damage, was causing damage, or was likely to cause injury or future damage. Therefore, there was no basis for the Court to order the removal or interference with the tree, and the application was dismissed.

Jurisdiction
Australia
Judgment Date
07 May 2008
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Ex Tempore Judgment at First Instance
Outcome
application dismissed
Legal Topics
['trees (neighbours)' 'removal of Tree' 'risk of Injury to People' 'property Damage']
['environment and Planning'] ['trees (neighbours)' 'removal of Tree' 'risk of Injury to People' 'property Damage']

Case Brief

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Procedural Posture

Application Under Trees (disputes Between Neighbours) Act 2006 / Ex Tempore Judgment at First Instance

Legal Issues

  1. 1 ['Is there a dispute?' "Did the tree cause damage to Mr Wilks' carport wall?" "Is the tree likely to cause damage to Mr Wilks' carport wall in the near future?" 'Is the tree likely to cause injury?']

Ratio Decidendi

There was no dispute between the parties as to the willingness to remove the tree if necessary, and there was insufficient evidence that the tree had caused damage, was causing damage, or was likely to cause injury or future damage. Therefore, there was no basis for the Court to order the removal or interference with the tree, and the application was dismissed.

Court Disposition

application dismissed

Orders

  • ['The application is dismissed.']