Cox v Meiers [2012] NSWLEC 1215

Cox v Meiers [2012] NSWLEC 1215

On the evidence, including site observations and absence of damage or credible risk, the Court was not satisfied the statutory test in s 10(2) was met. Therefore, jurisdiction to make orders did not exist and the application was dismissed.

Parties
Applicant: Mr Bruce Cox; Respondent: Ms Carmel Meiers
Jurisdiction
Australia
Judgment Date
30 July 2012
Procedural Posture
Trees Act Application (neighbour Dispute) / Final Determination at First Instance
Outcome
Application dismissed
Legal Topics
Trees (disputes Between Neighbours), Future Damage or Injury, Jurisdictional Test Under S 10(2)
Environmental Law Property Law Trees (disputes Between Neighbours) Future Damage or Injury Jurisdictional Test Under S 10(2)

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Parties

Mr Bruce Cox

Applicant

Ms Carmel Meiers

Respondent

Procedural Posture

Trees Act Application (neighbour Dispute) / Final Determination at First Instance

Legal Issues

  1. 1 Whether the trees have caused, are causing, or are likely in the near future to cause damage to the applicant's property or injury to a person under s 10(2) of the Trees (Disputes Between Neighbours) Act 2006

Ratio Decidendi

On the evidence, including site observations and absence of damage or credible risk, the Court was not satisfied the statutory test in s 10(2) was met. Therefore, jurisdiction to make orders did not exist and the application was dismissed.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.