Terrey v Freeman & anor [2012] NSWLEC 1228

Terrey v Freeman & anor [2012] NSWLEC 1228

The Court found that, except for the Norfolk Island Pine, there was no evidence that the trees had caused or were likely in the near future to cause damage as required by s 10(2). With respect to the Norfolk Island Pine, while the root may have contributed to the wall's condition, multiple other factors were more significant causes and the damage did not warrant removal of the tree. The application was dismissed as disproportionate and unwarranted on the evidence.

Jurisdiction
Australia
Judgment Date
14 August 2012
Procedural Posture
Tree Dispute (class 2) / Final Judgment, Application Dismissed
Outcome
Application dismissed
Legal Topics
['trees and Neighbours' 'property Damage' 'future Damage' 'jurisdiction Under Trees (disputes Between Neighbours) Act 2006']
['property Law' 'environmental Law'] ['trees and Neighbours' 'property Damage' 'future Damage' 'jurisdiction Under Trees (disputes Between Neighbours) Act 2006']

Case Brief

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Procedural Posture

Tree Dispute (class 2) / Final Judgment, Application Dismissed

Legal Issues

  1. 1 ["Whether roots from the respondents' trees have caused, are causing, or are likely in the near future to cause damage to the applicant's property" 'Whether an order should be made for removal or maintenance of trees under s 9 of the Trees (Disputes Between Neighbours) Act 2006']

Ratio Decidendi

The Court found that, except for the Norfolk Island Pine, there was no evidence that the trees had caused or were likely in the near future to cause damage as required by s 10(2). With respect to the Norfolk Island Pine, while the root may have contributed to the wall's condition, multiple other factors were more significant causes and the damage did not warrant removal of the tree. The application was dismissed as disproportionate and unwarranted on the evidence.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']