Wilson v Farah & ors [2017] NSWLEC 1006

Wilson v Farah & ors [2017] NSWLEC 1006

There is insufficient evidence to satisfy s 10(2) of the Trees (Disputes Between Neighbours) Act 2006 as there is no demonstrated material damage to the property from the tree debris, and mere increased maintenance or annoyance does not satisfy the statutory requirement for intervention.

Jurisdiction
Australia
Judgment Date
10 January 2017
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Final Hearing, Ex Tempore Judgment
Outcome
Application dismissed
Legal Topics
['tree Disputes' 'damage From Trees' 'pool Maintenance Due to Tree Debris']
['environmental Law' 'neighbour Disputes'] ['tree Disputes' 'damage From Trees' 'pool Maintenance Due to Tree Debris']

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether the debris from the respondents' tree has caused, is causing, or is likely to cause in the near future actual damage to the applicant's property per s 10(2) of the Trees (Disputes Between Neighbours) Act 2006"]

Ratio Decidendi

There is insufficient evidence to satisfy s 10(2) of the Trees (Disputes Between Neighbours) Act 2006 as there is no demonstrated material damage to the property from the tree debris, and mere increased maintenance or annoyance does not satisfy the statutory requirement for intervention.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']