McGroder v Michels [2011] NSWLEC 1222

McGroder v Michels [2011] NSWLEC 1222

The application was dismissed because the trees had been removed to stumps, the stumps had been poisoned and were unlikely to cause future damage, the fence had been reinstated and was functional, and the applicant had not proved on the balance of probabilities a nexus between any tree and the damage to the brick wall.

Jurisdiction
Australia
Judgment Date
03 August 2011
Procedural Posture
Class 2 Application Pursuant to S7 Part 2 of the Trees (disputes Between Neighbours) Act 2006 / Final Hearing; Application Dismissed
Outcome
Application dismissed
Legal Topics
['damage to Property' 'dividing Fence' 'tree Roots' 'causation' 'costs Jurisdiction']
['trees Disputes Between Neighbours' 'property Law' 'land and Environment'] ['damage to Property' 'dividing Fence' 'tree Roots' 'causation' 'costs Jurisdiction']

Case Brief

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Procedural Posture

Class 2 Application Pursuant to S7 Part 2 of the Trees (disputes Between Neighbours) Act 2006 / Final Hearing; Application Dismissed

Legal Issues

  1. 1 ["Whether the respondent's 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 2006." 'Whether orders should be made for removal of the remaining stumps, replacement of the metal fence, repair or replacement of the front brick wall, and costs.']

Ratio Decidendi

The application was dismissed because the trees had been removed to stumps, the stumps had been poisoned and were unlikely to cause future damage, the fence had been reinstated and was functional, and the applicant had not proved on the balance of probabilities a nexus between any tree and the damage to the brick wall.

Court Disposition

Application dismissed

Orders

  • ['The application in its entirety is dismissed.']