Hadfield v Strano & anor [2012] NSWLEC 1290

Hadfield v Strano & anor [2012] NSWLEC 1290

The evidence did not sufficiently demonstrate that the trees had caused, were causing, or were likely to cause significant damage or injury, and the minor damage alleged did not warrant removal; thus, the application was dismissed.

Parties
Applicant: Ms K A Hadfield; Respondent: Mr S Strano; Respondent: Mrs W Strano
Jurisdiction
Australia
Judgment Date
17 October 2012
Procedural Posture
Tree Dispute / Final Decision
Outcome
Application dismissed
Legal Topics
Tree Disputes Between Neighbours, Damage to Property, Risk of Injury, Removal of Trees
Property Law Environmental Law Tree Disputes Between Neighbours Damage to Property Risk of Injury Removal of Trees

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 5 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Ms K A Hadfield

Applicant

Mr S Strano

Respondent

Mrs W Strano

Respondent

Procedural Posture

Tree Dispute / Final Decision

Legal Issues

  1. 1 Whether the respondent's trees have caused damage to the applicant's property
  2. 2 Whether the respondent's trees pose a risk of injury to the applicant or others
  3. 3 Whether an order for removal or intervention with the trees is warranted under the Trees (Disputes Between Neighbours) Act 2006

Ratio Decidendi

The evidence did not sufficiently demonstrate that the trees had caused, were causing, or were likely to cause significant damage or injury, and the minor damage alleged did not warrant removal; thus, the application was dismissed.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.