Paull v Robinson & anor [2017] NSWLEC 1219

Paull v Robinson & anor [2017] NSWLEC 1219

The applicant failed to provide evidence to prove, even on the balance of probabilities, that the respondents' trees caused or are likely in the near future to cause, damage to her property. Therefore, the level of satisfaction required by s 10(2)(a) of the Trees (Disputes Between Neighbours) Act 2006 is not met, and the application is dismissed.

Parties
Applicant: Laraine Paull; Respondent: Brian Robinson; Respondent: Wendy Robinson
Jurisdiction
Australia
Judgment Date
27 April 2017
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Final Judgment
Outcome
Application dismissed
Legal Topics
Trees (disputes Between Neighbours), Damage to Property, Sufficiency of Evidence, Court's Role in Fact Finding
Environmental Law Property Law Trees (disputes Between Neighbours) Damage to Property Sufficiency of Evidence Court's Role in Fact Finding

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Parties

Laraine Paull

Applicant

Brian Robinson

Respondent

Wendy Robinson

Respondent

Procedural Posture

Application Under Trees (disputes Between Neighbours) Act 2006 / Final Judgment

Legal Issues

  1. 1 Whether roots from trees on respondents' property have caused or are likely to cause damage to applicant's property under s 10(2)(a) of the Trees (Disputes Between Neighbours) Act 2006

Ratio Decidendi

The applicant failed to provide evidence to prove, even on the balance of probabilities, that the respondents' trees caused or are likely in the near future to cause, damage to her property. Therefore, the level of satisfaction required by s 10(2)(a) of the Trees (Disputes Between Neighbours) Act 2006 is not met, and the application is dismissed.

Court Disposition

Application dismissed

Orders

  • The application to remove five trees growing on the respondents' property is dismissed.