Shilling v Jordan [2009] NSWLEC 1164

Shilling v Jordan [2009] NSWLEC 1164

At the time of the on-site hearing the tree had been pruned, the remaining small dead wood was unlikely to cause damage or injury, and nothing about the tree or its growing environment indicated that it would cause damage to property or injury to persons in the near future; accordingly the section 10(2) requirements were not substantially satisfied.

Jurisdiction
Australia
Judgment Date
22 May 2009
Procedural Posture
Application Pursuant to S 7 of the Trees (disputes Between Neighbours) Act 2006 Concerning a Tree on a Neighbouring Property / On Site Hearing and Extemporaneous Judgment
Outcome
Application refused
Legal Topics
['tree Pruning' 'risk of Damage to Property' 'possible Injury to Persons' 'requirement for Orders Under Section 10(2)']
['trees Disputes' 'neighbour Disputes' 'property Damage and Personal Injury Risk'] ['tree Pruning' 'risk of Damage to Property' 'possible Injury to Persons' 'requirement for Orders Under Section 10(2)']

Case Brief

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Procedural Posture

Application Pursuant to S 7 of the Trees (disputes Between Neighbours) Act 2006 Concerning a Tree on a Neighbouring Property / On Site Hearing and Extemporaneous Judgment

Legal Issues

  1. 1 ["Whether the tree has caused, is causing, or is likely in the near future to cause damage to the applicants' property or injury to persons under section 10(2) of the Trees (Disputes Between Neighbours) Act 2006." 'Whether orders should be made after pruning had been undertaken shortly before the hearing.']

Ratio Decidendi

At the time of the on-site hearing the tree had been pruned, the remaining small dead wood was unlikely to cause damage or injury, and nothing about the tree or its growing environment indicated that it would cause damage to property or injury to persons in the near future; accordingly the section 10(2) requirements were not substantially satisfied.

Court Disposition

Application refused

Orders

  • ['The application is refused.']