Oakey v Owners Corporation Strata Plan 22678; Oakey v Owners Corporation Strata Plan 5723 [2009] NSWLEC 1108

Oakey v Owners Corporation Strata Plan 22678; Oakey v Owners Corporation Strata Plan 5723 [2009] NSWLEC 1108

The applicant failed to provide expert medical or arboricultural evidence or authoritative literature establishing a reasonable probability of injury from the tree fibres; thus, the statutory test under s 10(2)(b) was not met, and no orders can be made on her applications.

Jurisdiction
Australia
Judgment Date
19 March 2009
Procedural Posture
Application / Ex Tempore Judgment
Outcome
Applications dismissed
Legal Topics
['trees (disputes Between Neighbours) Act 2006' 'risk of Injury From Trees']
['environmental Law'] ['trees (disputes Between Neighbours) Act 2006' 'risk of Injury From Trees']

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Procedural Posture

Application / Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether the Norfolk Island Hibiscus trees are likely to cause injury to a person under s 10(2)(b) of the Trees (Disputes Between Neighbours) Act 2006']

Ratio Decidendi

The applicant failed to provide expert medical or arboricultural evidence or authoritative literature establishing a reasonable probability of injury from the tree fibres; thus, the statutory test under s 10(2)(b) was not met, and no orders can be made on her applications.

Court Disposition

Applications dismissed

Orders

  • ['Both applications are dismissed.']