Lasserre v Bekola Pty Ltd [2015] NSWLEC 1015

Lasserre v Bekola Pty Ltd [2015] NSWLEC 1015

There was no evidence of quantum of damage occurring during the period of applicant's ownership, and no notice was given to the respondent regarding the damage; the application for compensation was dismissed.

Jurisdiction
Australia
Judgment Date
09 February 2015
Procedural Posture
Tree Dispute / Final Decision
Outcome
Application dismissed
Legal Topics
['damage Caused by Trees' 'compensation' 'jurisdictional Tests' 'costs']
['property Law' 'environmental Law'] ['damage Caused by Trees' 'compensation' 'jurisdictional Tests' 'costs']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Tree Dispute / Final Decision

Legal Issues

  1. 1 ["Whether the tree caused compensable damage to the applicant's property" "Whether compensation can be ordered for damage occurring during the applicant's ownership" 'Jurisdiction of Court regarding costs']

Ratio Decidendi

There was no evidence of quantum of damage occurring during the period of applicant's ownership, and no notice was given to the respondent regarding the damage; the application for compensation was dismissed.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']