Perry v Griffiths [2016] NSWLEC 1357
The Court lacks jurisdiction to make orders because the base of the tree is not on adjoining land, despite branches overhanging.
- Jurisdiction
- Australia
- Judgment Date
- 26 August 2016
- Procedural Posture
- Application / Final Judgment
- Outcome
- Application dismissed
- Legal Topics
- ['tree Disputes' 'jurisdiction' 'neighbour Disputes']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Application / Final Judgment
Legal Issues
- 1 ['Whether the Court has jurisdiction to order removal of overhanging branches when the tree base is not on adjoining land']
Ratio Decidendi
The Court lacks jurisdiction to make orders because the base of the tree is not on adjoining land, despite branches overhanging.
Court Disposition
Application dismissed
Orders
- ['The application is dismissed.']
Full Case Text
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