McGee v Sykes [2010] NSWLEC 1216

McGee v Sykes [2010] NSWLEC 1216

Although one of the statutory tests was satisfied (previous damage to property), the risk of future damage or injury was remote after removal of most overhanging branches; unsubstantiated arborist opinion did not justify further intervention; thus, application for removal was dismissed.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
05 August 2010
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Judgment
Outcome
application dismissed
Legal Topics
['damage to Property' 'injury to Persons' 'tree Disputes']
['environmental Law'] ['damage to Property' 'injury to Persons' 'tree Disputes']

Source-derived case record

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether the Blackbutt tree on the respondents' property caused, is causing or is likely in the near future to cause damage to the applicants' property or is likely to cause injury to any person under s 10(2) of the Trees (Disputes Between Neighbours) Act 2006" 'Whether an order should be made requiring removal of the tree']

Ratio Decidendi

Although one of the statutory tests was satisfied (previous damage to property), the risk of future damage or injury was remote after removal of most overhanging branches; unsubstantiated arborist opinion did not justify further intervention; thus, application for removal was dismissed.

Court Disposition

application dismissed

Orders

  • ['The application to remove the tree is dismissed.']