Hunt v Bedford [2007] NSWLEC 130

Hunt v Bedford [2007] NSWLEC 130

The Court was not satisfied that the likelihood of damage to the applicant's property or personal injury was sufficient to warrant invoking its jurisdiction under the Trees (Disputes Between Neighbours) Act 2006; the potential impact was considered ordinary in the context of the locality and did not justify making any orders.

Parties
Applicant: Mark Hunt; Respondents: Greg & Kathy Bedford
Jurisdiction
Australia
Judgment Date
15 March 2007
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Ex Tempore Judgment After Hearing
Outcome
application dismissed
Legal Topics
Disputes About Trees Between Neighbours, Applications Under Trees (disputes Between Neighbours) Act 2006
Property Law Environmental Law Disputes About Trees Between Neighbours Applications Under Trees (disputes Between Neighbours) Act 2006

Case Brief

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Parties

Mark Hunt

Applicant

Greg & Kathy Bedford

Respondents

Procedural Posture

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

Legal Issues

  1. 1 Whether the trees on the Bedford property are causing, or likely to cause, damage to the applicant's property or injury to persons
  2. 2 Whether orders should be made to trim or otherwise deal with the trees at the applicant's request

Ratio Decidendi

The Court was not satisfied that the likelihood of damage to the applicant's property or personal injury was sufficient to warrant invoking its jurisdiction under the Trees (Disputes Between Neighbours) Act 2006; the potential impact was considered ordinary in the context of the locality and did not justify making any orders.

Court Disposition

application dismissed