Ross v Filactos & anor [2012] NSWLEC 1315

Ross v Filactos & anor [2012] NSWLEC 1315

The applicant did not satisfy the requirements of s 10(2) of the Trees (Disputes Between Neighbours) Act 2006 as there was no evidence that any tree on the respondents' land has caused, is causing, or is likely in the near future to cause damage to the applicant's property or injury to persons, nor does the Court have jurisdiction in relation to trees on the applicant's own land or general bushfire risk.

Jurisdiction
Australia
Judgment Date
06 November 2012
Procedural Posture
Class 2 Application Under Trees (disputes Between Neighbours) Act 2006 / Final Judgment
Outcome
Application dismissed
Legal Topics
['tree Disputes' 'boundary Disputes' 'jurisdictional Requirements' 'bushfire Hazard' 'evidentiary Requirements']
['environmental Law' 'property Law'] ['tree Disputes' 'boundary Disputes' 'jurisdictional Requirements' 'bushfire Hazard' 'evidentiary Requirements']

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Procedural Posture

Class 2 Application Under Trees (disputes Between Neighbours) Act 2006 / Final Judgment

Legal Issues

  1. 1 ["Whether the Court has jurisdiction to make orders in respect of trees situated on the applicant's land" "Whether the applicant established that trees on the respondents' land are likely, in the near future, to cause damage to the applicant's property or injury to any person" 'Whether the existence of the trees constitutes a bushfire hazard within the jurisdiction of the Trees (Disputes Between Neighbours) Act 2006']

Ratio Decidendi

The applicant did not satisfy the requirements of s 10(2) of the Trees (Disputes Between Neighbours) Act 2006 as there was no evidence that any tree on the respondents' land has caused, is causing, or is likely in the near future to cause damage to the applicant's property or injury to persons, nor does the Court have jurisdiction in relation to trees on the applicant's own land or general bushfire risk.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']