Morris v Brown [2010] NSWLEC 1067
Because there was no evidence that the tree had caused or was causing damage to the applicant's property, no indication that it was likely to cause damage in the near future, and no likelihood of injury to any person, none of the tests in s 10(2) were met and the Court had no jurisdiction to order intervention with the tree.
- Jurisdiction
- Australia
- Judgment Date
- 25 March 2010
- Procedural Posture
- Application Pursuant to S 7 of the Trees (disputes Between Neighbours) Act 2006 for Removal of a Tree / Ex Tempore Judgment
- Outcome
- Application dismissed.
- Legal Topics
- ['future Damage to Property' 'tree Roots' 'sewer Pipes' 'foundations' 'tree Removal']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Application Pursuant to S 7 of the Trees (disputes Between Neighbours) Act 2006 for Removal of a Tree / Ex Tempore Judgment
Legal Issues
- 1 ["Whether the respondent's tree had caused, was causing, or was likely in the near future to cause damage to the applicant's property." "Whether the respondent's tree was likely to cause injury to any person." 'Whether the Court had jurisdiction to order removal of the tree under the Trees (Disputes Between Neighbours) Act 2006.']
Ratio Decidendi
Because there was no evidence that the tree had caused or was causing damage to the applicant's property, no indication that it was likely to cause damage in the near future, and no likelihood of injury to any person, none of the tests in s 10(2) were met and the Court had no jurisdiction to order intervention with the tree.
Court Disposition
Application dismissed.
Orders
- ['The application to remove the tree is dismissed.']
Full Case Text
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