Batten v Williams & anor [2014] NSWLEC 1031

Batten v Williams & anor [2014] NSWLEC 1031

Although the jurisdictional threshold in s 10(2) was met to a limited extent because Tree 1 probably caused or contributed to minor displacement of driveway slabs and pavers and Tree 2 had previously caused minor garage roof damage, the observed damage and risks were minor, slow-developing, or not unacceptable, and did not warrant removal, pruning, or other intervention with either tree.

Jurisdiction
Australia
Judgment Date
26 February 2014
Procedural Posture
Class 2 Application Under S 7 Part 2 of the Trees (disputes Between Neighbours) Act 2006 / Principal Judgment; Application for Removal of Trees Dismissed
Outcome
Application dismissed
Legal Topics
['damage to Property by Tree Roots' 'potential Injury From Trees' 'removal or Pruning of Trees' 'neighbouring Properties']
['land and Environment' 'trees Disputes Between Neighbours'] ['damage to Property by Tree Roots' 'potential Injury From Trees' 'removal or Pruning of Trees' 'neighbouring Properties']

Case Brief

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Procedural Posture

Class 2 Application Under S 7 Part 2 of the Trees (disputes Between Neighbours) Act 2006 / Principal Judgment; Application for Removal of Trees Dismissed

Legal Issues

  1. 1 ["Whether either tree has caused, is causing, or is likely in the near future to cause damage to the applicant's property within s 10(2) of the Trees (Disputes Between Neighbours) Act 2006." 'Whether either tree is likely to cause injury to any person.' 'Whether removal of, or intervention with, either tree was warranted.']

Ratio Decidendi

Although the jurisdictional threshold in s 10(2) was met to a limited extent because Tree 1 probably caused or contributed to minor displacement of driveway slabs and pavers and Tree 2 had previously caused minor garage roof damage, the observed damage and risks were minor, slow-developing, or not unacceptable, and did not warrant removal, pruning, or other intervention with either tree.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']