Perry v Griffiths [2016] NSWLEC 1357

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

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Procedural Posture

Application / Final Judgment

  1. 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.']