McDonald v Limon [2008] NSWLEC 1100

McDonald v Limon [2008] NSWLEC 1100

The Court found the application failed because the trees in question are not on land adjoining Mr McDonald's property, and there is insufficient evidence that the trees caused or are likely to cause damage to the applicant's property.

Parties
Applicant: J McDonald; Respondent: P & J Limon
Jurisdiction
Australia
Judgment Date
18 February 2008
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Final Judgment
Outcome
application dismissed
Legal Topics
Tree Disputes, Damage to Property, Adjoining Land
Property Law Tree Disputes Damage to Property Adjoining Land

Case Brief

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Parties

J McDonald

Applicant

P & J Limon

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Are the trees situated on land adjoining Mr McDonald's property?
  2. 2 Have the trees caused, are they causing, or are they likely in the near future to cause damage to Mr McDonald's property?

Ratio Decidendi

The Court found the application failed because the trees in question are not on land adjoining Mr McDonald's property, and there is insufficient evidence that the trees caused or are likely to cause damage to the applicant's property.

Court Disposition

application dismissed

Orders

  • The application is dismissed because the trees are not on land adjoining Mr McDonald's property and there is no satisfactory evidence the trees have caused or are causing damage.