Wong v Bailey [2012] NSWLEC 1232

Wong v Bailey [2012] NSWLEC 1232

The Court was not satisfied that the tree is likely to cause damage to Mr Wong's property or injury to a person in the near future (next 12 months); a mere possibility is insufficient to engage the jurisdiction; therefore, no orders can be made.

Parties
Applicant: Mr Ivan Wong; Respondent: Mr Stan Bailey
Jurisdiction
Australia
Judgment Date
16 August 2012
Procedural Posture
Class 2 / Extemporaneous Judgment After Hearing
Outcome
Application dismissed
Legal Topics
Risk of Damage, Risk of Injury, Tree Removal Application
Trees (disputes Between Neighbours) Risk of Damage Risk of Injury Tree Removal Application

Case Brief

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Parties

Mr Ivan Wong

Applicant

Mr Stan Bailey

Respondent

Procedural Posture

Class 2 / Extemporaneous Judgment After Hearing

Legal Issues

  1. 1 Whether the tree is likely to cause damage to Mr Wong's property in the near future
  2. 2 Whether the tree is likely to cause injury to a person

Ratio Decidendi

The Court was not satisfied that the tree is likely to cause damage to Mr Wong's property or injury to a person in the near future (next 12 months); a mere possibility is insufficient to engage the jurisdiction; therefore, no orders can be made.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.