Winstanley-Channells v Deusberry [2007] NSWLEC 559

Winstanley-Channells v Deusberry [2007] NSWLEC 559

There is no evidence of a likely risk of damage or injury from the trees under s 10(2) of the Act; minor leaf litter from the Jacaranda does not justify intervention; even if the Variegated Fig caused minor cracking to the retaining wall, the triviality does not justify intervention.

Jurisdiction
Australia
Judgment Date
28 August 2007
Procedural Posture
Trees (neighbours) Application / Ex Tempore Judgment
Outcome
Application dismissed
Legal Topics
['trees (disputes Between Neighbours)' 'damage Caused by Trees' 'neighbour Disputes']
['property Law' 'environmental Law'] ['trees (disputes Between Neighbours)' 'damage Caused by Trees' 'neighbour Disputes']

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Procedural Posture

Trees (neighbours) Application / Ex Tempore Judgment

Legal Issues

  1. 1 ["Whether trees on respondent's property pose a likely risk of damage or injury under s 10(2) of the Trees (Disputes Between Neighbours) Act 2006" 'Whether dropping of minor debris from Jacaranda tree warrants court intervention' 'Whether minor cracks in retaining wall were caused by the Variegated Fig and justify intervention']

Ratio Decidendi

There is no evidence of a likely risk of damage or injury from the trees under s 10(2) of the Act; minor leaf litter from the Jacaranda does not justify intervention; even if the Variegated Fig caused minor cracking to the retaining wall, the triviality does not justify intervention.

Court Disposition

Application dismissed

Orders

  • []