Zhang v Mercer [2020] NSWLEC 1415

Zhang v Mercer [2020] NSWLEC 1415

There was no valid evidence of previous or current damage to the applicant's property, nor likelihood of damage or injury in the near future, therefore the requirements of s 7 of the Trees (Disputes Between Neighbours) Act 2006 were not satisfied and no orders for intervention with the tree can be made.

Jurisdiction
Australia
Judgment Date
11 August 2020
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Principal Judgment Determination
Outcome
Application dismissed
Legal Topics
['tree Disputes' 'nuisance' 'encroachment' 'damage to Property' 'risk of Injury' 'neighbour Disputes']
['property Law' 'environmental Law'] ['tree Disputes' 'nuisance' 'encroachment' 'damage to Property' 'risk of Injury' 'neighbour Disputes']

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Procedural Posture

Application Under Trees (disputes Between Neighbours) Act 2006 / Principal Judgment Determination

Legal Issues

  1. 1 ["Whether the tree has caused, is causing, or is likely in the near future to cause damage to the applicant's property" 'Whether the tree is likely to cause injury to any person' 'Whether debris from the tree constitutes actionable damage under the Act' 'Whether regular or heavy pruning is required under the Act']

Ratio Decidendi

There was no valid evidence of previous or current damage to the applicant's property, nor likelihood of damage or injury in the near future, therefore the requirements of s 7 of the Trees (Disputes Between Neighbours) Act 2006 were not satisfied and no orders for intervention with the tree can be made.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']