McLeod & anor v Bruce [2010] NSWLEC 1322

McLeod & anor v Bruce [2010] NSWLEC 1322

There was insufficient evidence that the tree had caused, was causing, or was likely in the near future to cause damage to the applicants' property or likely injury to persons. Any contribution by the tree to the fence condition was very minor and did not warrant intervention, there was no evidence of likely near-future root damage to the path or house, and leaf fall did not justify orders for removal or gutter-cleaning contribution.

Jurisdiction
Australia
Judgment Date
18 November 2010
Procedural Posture
Application Pursuant to Part 2 S 7 of the Trees (disputes Between Neighbours) Act 2006 / Ex Tempore Judgment
Outcome
Application dismissed
Legal Topics
['damage to Property' 'risk of Injury to Persons' 'tree Removal' 'dividing Fence' 'gutter Cleaning']
['trees (neighbours)' 'property'] ['damage to Property' 'risk of Injury to Persons' 'tree Removal' 'dividing Fence' 'gutter Cleaning']

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Procedural Posture

Application Pursuant to Part 2 S 7 of the Trees (disputes Between Neighbours) Act 2006 / Ex Tempore Judgment

Legal Issues

  1. 1 ["Whether the tree has caused, is causing, or is likely in the near future to cause damage to the applicants' property." 'Whether the tree is likely to cause injury to any person.' 'Whether the Court should order removal of the tree, replacement of the fence, or cleaning of the guttering.']

Ratio Decidendi

There was insufficient evidence that the tree had caused, was causing, or was likely in the near future to cause damage to the applicants' property or likely injury to persons. Any contribution by the tree to the fence condition was very minor and did not warrant intervention, there was no evidence of likely near-future root damage to the path or house, and leaf fall did not justify orders for removal or gutter-cleaning contribution.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']