Golden v Grobler [2011] NSWLEC 1088

Golden v Grobler [2011] NSWLEC 1088

The Court was not satisfied on inspection that the remaining trunk was likely to cause damage to property or injury to persons, so no order could be made under s 10(2) of the Trees (Disputes Between Neighbours) Act 2006.

Jurisdiction
Australia
Judgment Date
11 April 2011
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Principal Judgment
Outcome
Application dismissed
Legal Topics
['trees (disputes Between Neighbours)' 'liability for Damage or Injury by Trees']
['environmental Law' 'property Law'] ['trees (disputes Between Neighbours)' 'liability for Damage or Injury by Trees']

Case Brief

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Procedural Posture

Application Under Trees (disputes Between Neighbours) Act 2006 / Principal Judgment

Legal Issues

  1. 1 ['Whether a dead tree on an adjoining property is likely to cause damage to property or injury to persons under s 10(2) of the Trees (Disputes Between Neighbours) Act 2006.']

Ratio Decidendi

The Court was not satisfied on inspection that the remaining trunk was likely to cause damage to property or injury to persons, so no order could be made under s 10(2) of the Trees (Disputes Between Neighbours) Act 2006.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']