O’Mullane v Wehbe [2022] NSWLEC 1604

O’Mullane v Wehbe [2022] NSWLEC 1604

The application was refused because the applicant did not prove that the tree had caused, is causing, or is likely to cause actionable damage to his property or to cause injury, as required under s 10(2) of the Trees (Disputes Between Neighbours) Act 2006. The inconvenience and maintenance burden from tree debris are not sufficient grounds for orders under the Act without evidence of actual damage.

Parties
Applicant: Mark O'Mullane; Respondent: Kylie Wehbe
Jurisdiction
Australia
Judgment Date
02 November 2022
Procedural Posture
Tree Dispute Application Under Trees (disputes Between Neighbours) Act 2006 / Final Hearing and Decision
Outcome
Application refused
Legal Topics
Neighbour Disputes, Tree Disputes, Trees (disputes Between Neighbours) Act 2006, Damage to Property, Nuisance
Environmental Law Property Law Neighbour Disputes Tree Disputes Trees (disputes Between Neighbours) Act 2006 Damage to Property Nuisance

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Parties

Mark O'Mullane

Applicant

Kylie Wehbe

Respondent

Procedural Posture

Tree Dispute Application Under Trees (disputes Between Neighbours) Act 2006 / Final Hearing and Decision

Legal Issues

  1. 1 Whether the tree caused, is causing, or is likely to cause damage to the applicant's property
  2. 2 Whether the tree is likely to cause injury to any person
  3. 3 Whether debris falling from the tree constitutes actionable damage under the Trees Act

Ratio Decidendi

The application was refused because the applicant did not prove that the tree had caused, is causing, or is likely to cause actionable damage to his property or to cause injury, as required under s 10(2) of the Trees (Disputes Between Neighbours) Act 2006. The inconvenience and maintenance burden from tree debris are not sufficient grounds for orders under the Act without evidence of actual damage.

Court Disposition

Application refused

Orders

  • The application is refused.