Trnka v Deans [2011] NSWLEC 1056

Trnka v Deans [2011] NSWLEC 1056

There was no evidence of instability or significant likelihood of tree failure that would cause injury to persons inside the building or in the rear garden. Accordingly, the tree is not likely to cause injury as required under the Act, so no order can be made.

Jurisdiction
Australia
Judgment Date
03 March 2011
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Principal Judgment
Outcome
Application dismissed
Legal Topics
['trees (disputes Between Neighbours)' 'injury to Persons']
['environmental Law'] ['trees (disputes Between Neighbours)' 'injury to Persons']

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the Paperbark tree is likely to cause injury to any person justifying an order for removal under s 7 and s 10(2)(b) of the Trees (Disputes Between Neighbours) Act 2006']

Ratio Decidendi

There was no evidence of instability or significant likelihood of tree failure that would cause injury to persons inside the building or in the rear garden. Accordingly, the tree is not likely to cause injury as required under the Act, so no order can be made.

Court Disposition

Application dismissed

Orders

  • ['No order for removal of the Paperbark tree. Application dismissed.']