Smyth v Hayim [2013] NSWLEC 1101

Smyth v Hayim [2013] NSWLEC 1101

The application was dismissed because the Court was not satisfied that the bamboo was likely to cause damage to Mr Smyth's property in the near future or likely to cause injury to any person, so none of the issues raised satisfied the jurisdictional tests in s 10(2) of the Trees (Disputes Between Neighbours) Act 2006.

Jurisdiction
Australia
Judgment Date
19 June 2013
Procedural Posture
Class 2 Application Under Part 2 of the Trees (disputes Between Neighbours) Act 2006 Seeking Orders for Removal of Bamboo Along a Common Boundary / Final Hearing and Extemporaneous Decision
Outcome
The application is dismissed.
Legal Topics
['damage to Property' 'risk of Injury' 'bamboo' 'jurisdictional Requirements Under S 10(2) of the Trees (disputes Between Neighbours) Act 2006']
['land and Environment' 'tree Disputes Between Neighbours'] ['damage to Property' 'risk of Injury' 'bamboo' 'jurisdictional Requirements Under S 10(2) of the Trees (disputes Between Neighbours) Act 2006']

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Procedural Posture

Class 2 Application Under Part 2 of the Trees (disputes Between Neighbours) Act 2006 Seeking Orders for Removal of Bamboo Along a Common Boundary / Final Hearing and Extemporaneous Decision

Legal Issues

  1. 1 ["Whether the bamboo was likely to cause damage to the applicant's property in the near future" 'Whether the bamboo was likely to cause injury to any person' 'Whether debris from the bamboo justified removal of or intervention with the bamboo']

Ratio Decidendi

The application was dismissed because the Court was not satisfied that the bamboo was likely to cause damage to Mr Smyth's property in the near future or likely to cause injury to any person, so none of the issues raised satisfied the jurisdictional tests in s 10(2) of the Trees (Disputes Between Neighbours) Act 2006.

Court Disposition

The application is dismissed.

Orders

  • ['The application is dismissed.']