Watman v Lynch & ors [2014] NSWLEC 1079

Watman v Lynch & ors [2014] NSWLEC 1079

The Court was not satisfied on the evidence that the poor performance of the dahlias, if it amounted to damage, was attributable to the respondents' trees. The applicant had not proved actual damage caused by the trees, or substantial, irreparable and imminent future damage, to the standard required to engage or justify the Court's powers under the Trees Act. The application was therefore dismissed.

Jurisdiction
Australia
Judgment Date
08 May 2014
Procedural Posture
Class 2 Application Under Part 2 of the Trees (disputes Between Neighbours) Act / Final Hearing; Principal Judgment
Outcome
The application is dismissed.
Legal Topics
['damage to Property' 'leyland Cypress Hedge' 'root Encroachment' 'jurisdiction to Make Orders Under S 9' 'future Damage to Plants']
['trees Disputes Between Neighbours' 'property Law'] ['damage to Property' 'leyland Cypress Hedge' 'root Encroachment' 'jurisdiction to Make Orders Under S 9' 'future Damage to Plants']

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Procedural Posture

Class 2 Application Under Part 2 of the Trees (disputes Between Neighbours) Act / Final Hearing; Principal Judgment

Legal Issues

  1. 1 ["Whether the Leyland Cypress trees caused, were causing, or were likely in the near future to cause damage to the applicant's property within s 10(2) of the Trees (Disputes Between Neighbours) Act." "Whether poor performance of the applicant's dahlias was damage attributable to the respondents' trees." 'Whether the Court should order removal of the trees or installation of a root barrier.']

Ratio Decidendi

The Court was not satisfied on the evidence that the poor performance of the dahlias, if it amounted to damage, was attributable to the respondents' trees. The applicant had not proved actual damage caused by the trees, or substantial, irreparable and imminent future damage, to the standard required to engage or justify the Court's powers under the Trees Act. The application was therefore dismissed.

Court Disposition

The application is dismissed.

Orders

  • ['The application is dismissed.']