McDonald v Ryan [2008] NSWLEC 1194

McDonald v Ryan [2008] NSWLEC 1194

The trees had not caused and were not currently causing damage to the applicant's property, and were unlikely in the near future to cause damage or injury, particularly because the applicant's property lay to the west and prevailing south-westerly winds would blow the trees away from it. Because none of the requirements in s.10(2) were satisfied, the Court refused the application.

Jurisdiction
Australia
Judgment Date
09 February 2000
Procedural Posture
Application Pursuant to S 7 of the Trees (disputes Between Neighbours) Act 2006 Concerning Six Poplars on Neighbouring Land / Ex Tempore Judgment
Outcome
Application refused
Legal Topics
['lopping of Trees' 'damage to Property' 'injury to Persons' 'overhanging Branches' 'neighbouring Land']
['trees Disputes Between Neighbours' 'property Law' 'land and Environment Court Proceedings'] ['lopping of Trees' 'damage to Property' 'injury to Persons' 'overhanging Branches' 'neighbouring Land']

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Procedural Posture

Application Pursuant to S 7 of the Trees (disputes Between Neighbours) Act 2006 Concerning Six Poplars on Neighbouring Land / Ex Tempore Judgment

Legal Issues

  1. 1 ["Whether the trees have caused, are causing, or could in the near future cause damage to the applicant's property or injury to persons under s.10(2) of the Trees (Disputes Between Neighbours) Act 2006." "Whether the Court should order lopping of the respondents' poplars to approximately 10 m in height."]

Ratio Decidendi

The trees had not caused and were not currently causing damage to the applicant's property, and were unlikely in the near future to cause damage or injury, particularly because the applicant's property lay to the west and prevailing south-westerly winds would blow the trees away from it. Because none of the requirements in s.10(2) were satisfied, the Court refused the application.

Court Disposition

Application refused

Orders

  • ['The application is refused.']