Szabo v Shaw [2007] NSWLEC 758

Szabo v Shaw [2007] NSWLEC 758

The Court was not satisfied that Trees 1 and 3 had caused, were causing, or could cause damage to the applicant's property, so no orders could be made for those trees. Tree 2 had caused displacement of part of the paling fence, but because the respondent agreed to compensate the applicant immediately, no formal orders were made.

Jurisdiction
Australia
Judgment Date
14 November 2007
Procedural Posture
Application Pursuant to S 7 of the Trees (disputes Between Neighbours) Act 2006 / Ex Tempore Judgment After on Site Hearing
Outcome
Application for Trees 1 and 3 dismissed; application upheld for Tree 2; no formal orders made because of the respondent's agreement to compensate the applicant for the fence.
Legal Topics
['removal or Pruning of Trees' 'neighbouring Trees Causing Damage' 'compensation for Damaged Fence']
['local Government and Environment' 'trees Disputes' 'property Damage'] ['removal or Pruning of Trees' 'neighbouring Trees Causing Damage' 'compensation for Damaged Fence']

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Procedural Posture

Application Pursuant to S 7 of the Trees (disputes Between Neighbours) Act 2006 / Ex Tempore Judgment After on Site Hearing

Legal Issues

  1. 1 ["Whether trees on the respondent's property should be removed or pruned because they caused, are causing, or could in the near future cause damage to the applicant's property." 'Whether the respondent should compensate the applicant for damage to a paling fence caused by Tree 2.']

Ratio Decidendi

The Court was not satisfied that Trees 1 and 3 had caused, were causing, or could cause damage to the applicant's property, so no orders could be made for those trees. Tree 2 had caused displacement of part of the paling fence, but because the respondent agreed to compensate the applicant immediately, no formal orders were made.

Court Disposition

Application for Trees 1 and 3 dismissed; application upheld for Tree 2; no formal orders made because of the respondent's agreement to compensate the applicant for the fence.

Orders

  • ['No formal orders of the Court will be made.']