Dominello v Bosso [2021] NSWLEC 1641

Dominello v Bosso [2021] NSWLEC 1641

The application was refused because the applicant had not made any effort to reach agreement with the respondent, so the Court could not make orders under s 10(1)(a) of the Trees (Disputes Between Neighbours) Act 2006. In any event, the evidence did not establish that the trees were likely in the near future to damage the applicant's property or cause injury to any person.

Jurisdiction
Australia
Judgment Date
20 October 2021
Procedural Posture
Class 2 Application Under Pt 2 of the Trees (disputes Between Neighbours) Act 2006 / Hearing and Final Orders
Outcome
The application is refused.
Legal Topics
['neighbouring Trees' 'damage to Property' 'risk of Injury' 'reasonable Effort to Reach Agreement' 'tree Removal' 'compensation']
['trees Disputes Between Neighbours' 'land and Environment Court Jurisdiction'] ['neighbouring Trees' 'damage to Property' 'risk of Injury' 'reasonable Effort to Reach Agreement' 'tree Removal' 'compensation']

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Procedural Posture

Class 2 Application Under Pt 2 of the Trees (disputes Between Neighbours) Act 2006 / Hearing and Final Orders

Legal Issues

  1. 1 ['Whether the applicant made a reasonable effort to reach agreement with the owner of the land on which the trees are situated under s 10(1)(a) of the Trees (Disputes Between Neighbours) Act 2006.' "Whether the trees have caused, are causing, or are likely in the near future to cause damage to the applicant's property, or are likely to cause injury to any person under s 10(2) of the Trees (Disputes Between Neighbours) Act 2006." "Whether orders should be made for removal or pruning of the respondent's trees."]

Ratio Decidendi

The application was refused because the applicant had not made any effort to reach agreement with the respondent, so the Court could not make orders under s 10(1)(a) of the Trees (Disputes Between Neighbours) Act 2006. In any event, the evidence did not establish that the trees were likely in the near future to damage the applicant's property or cause injury to any person.

Court Disposition

The application is refused.

Orders

  • ['The application is refused.']