Lee v Long [2009] NSWLEC 1201

Lee v Long [2009] NSWLEC 1201

While the Tallowwood tree caused damage to the applicant's skylight in 1985 and likely contributed to minor paving movement, these incidents do not amount to sufficiently serious or ongoing damage warranting removal, interference, or compensation under the Trees (Disputes Between Neighbours) Act 2006, especially given the tree's good health, management history, and contributions of other trees and factors to the applicant's property issues.

Parties
Applicant: Ley Hoon Amy Lee; Respondent: Ken Long; Respondent: Narelle Long
Jurisdiction
Australia
Judgment Date
26 May 2009
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Ex Tempore Judgment After Hearing
Outcome
Application refused
Legal Topics
Trees and Neighbours, Damage to Property, Compensation for Damage
Environmental Law Property Law Trees and Neighbours Damage to Property Compensation for Damage

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Parties

Ley Hoon Amy Lee

Applicant

Ken Long

Respondent

Narelle Long

Respondent

Procedural Posture

Application Under Trees (disputes Between Neighbours) Act 2006 / Ex Tempore Judgment After Hearing

Legal Issues

  1. 1 Whether the tree caused or is likely to cause damage to the applicant's property or injury to persons
  2. 2 Whether removal or interference with the tree is warranted under the Trees (Disputes Between Neighbours) Act 2006
  3. 3 Whether compensation should be ordered for alleged damage

Ratio Decidendi

While the Tallowwood tree caused damage to the applicant's skylight in 1985 and likely contributed to minor paving movement, these incidents do not amount to sufficiently serious or ongoing damage warranting removal, interference, or compensation under the Trees (Disputes Between Neighbours) Act 2006, especially given the tree's good health, management history, and contributions of other trees and factors to the applicant's property issues.

Court Disposition

Application refused

Orders

  • The application is refused.