Haddad v Fisher [2015] NSWLEC 1278

Haddad v Fisher [2015] NSWLEC 1278

The applicant failed to establish on the evidence that the tree is likely to cause damage or injury in the near or foreseeable future and provided no evidence of damage or of a nexus between the tree and the alleged allergies. Thus, the jurisdictional requirements for orders under s 10(2) of the Trees (Disputes Between Neighbours) Act 2006 are not met.

Jurisdiction
Australia
Judgment Date
27 July 2015
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 Part 2 / Final Determination
Outcome
Application dismissed
Legal Topics
['tree Disputes' 'neighbourhood Nuisance' 'damage to Property' 'injury']
['environmental Law' 'property Law'] ['tree Disputes' 'neighbourhood Nuisance' 'damage to Property' 'injury']

Case Brief

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Procedural Posture

Application Under Trees (disputes Between Neighbours) Act 2006 Part 2 / Final Determination

Legal Issues

  1. 1 ["Whether the tree has caused, is causing, or is likely in the near future to cause damage to the applicant's property" 'Whether the tree is likely to cause injury to any person']

Ratio Decidendi

The applicant failed to establish on the evidence that the tree is likely to cause damage or injury in the near or foreseeable future and provided no evidence of damage or of a nexus between the tree and the alleged allergies. Thus, the jurisdictional requirements for orders under s 10(2) of the Trees (Disputes Between Neighbours) Act 2006 are not met.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']