Cope v Muralitharan [2022] NSWLEC 1733

Cope v Muralitharan [2022] NSWLEC 1733

The minor damage caused by the respondents' trees does not justify court intervention as it does not amount to genuine or significant damage and can be mitigated by pruning; any risk of injury is similarly minor and mitigable. As for obstruction of view, jurisdiction is not engaged because no view from a dwelling is severely obstructed.

Parties
Applicant: Jennifer Cope; First Respondent: Muralitharan Gnanasegaram; Second Respondent: Jenanthini Muralitharan
Jurisdiction
Australia
Judgment Date
27 October 2022
Procedural Posture
Tree Dispute / Final Decision
Outcome
Application refused
Legal Topics
Trees (disputes Between Neighbours), Damage to Property, Obstruction of Views, Risk of Injury
Environment and Planning Law Trees (disputes Between Neighbours) Damage to Property Obstruction of Views Risk of Injury

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Parties

Jennifer Cope

Applicant

Muralitharan Gnanasegaram

First Respondent

Jenanthini Muralitharan

Second Respondent

Procedural Posture

Tree Dispute / Final Decision

Legal Issues

  1. 1 Whether the roots and canopy of the Cupressocyparis leylandii trees are causing or likely to cause damage to the applicant's property
  2. 2 Whether the trees create a genuine risk of injury by obstructing vision of traffic when exiting driveway
  3. 3 Whether the trees form a hedge severely obstructing a view from the applicant's dwelling

Ratio Decidendi

The minor damage caused by the respondents' trees does not justify court intervention as it does not amount to genuine or significant damage and can be mitigated by pruning; any risk of injury is similarly minor and mitigable. As for obstruction of view, jurisdiction is not engaged because no view from a dwelling is severely obstructed.

Court Disposition

Application refused

Orders

  • The application is refused.