Lee v Lau [2021] NSWLEC 1809

Lee v Lau [2021] NSWLEC 1809

The applicant did not provide sufficient evidence beyond a theoretical possibility to establish that the Pine tree was likely to cause damage or injury in the near future; as s 10 of the Act was not satisfied, the Court lacked jurisdiction under s 7 to grant orders.

Jurisdiction
Australia
Judgment Date
02 September 2021
Procedural Posture
Trees (disputes Between Neighbours) Application / Principal Judgment
Outcome
Application dismissed
Legal Topics
['trees (disputes Between Neighbours) Act 2006' 'damage to Property' 'risk of Injury' 'jurisdictional Requirements' 'maintenance From Tree Debris']
['environmental Law' 'property Law'] ['trees (disputes Between Neighbours) Act 2006' 'damage to Property' 'risk of Injury' 'jurisdictional Requirements' 'maintenance From Tree Debris']

Case Brief

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Procedural Posture

Trees (disputes Between Neighbours) Application / Principal Judgment

Legal Issues

  1. 1 ["Whether the tree situated on the respondent's land is likely, in the near future, to cause damage to the applicant's property or injury to any person under s 7 and s 10 of the Trees (Disputes Between Neighbours) Act 2006"]

Ratio Decidendi

The applicant did not provide sufficient evidence beyond a theoretical possibility to establish that the Pine tree was likely to cause damage or injury in the near future; as s 10 of the Act was not satisfied, the Court lacked jurisdiction under s 7 to grant orders.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']