Ness v Morris & anor [2014] NSWLEC 1063

Ness v Morris & anor [2014] NSWLEC 1063

There was only a hypothetical and not a sufficient risk of injury from oleander ingestion under s10(2)(b); none of the hedges or trees on the respondents' property currently severely obstruct any relevant views from the applicant's property under s14E(2)(a), so the statutory jurisdiction for orders was not enlivened.

Jurisdiction
Australia
Judgment Date
11 April 2014
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Principal Judgment at Final Hearing
Outcome
Application dismissed
Legal Topics
['tree Disputes' 'view Obstruction' 'toxic Plants' 'neighbourhood Property Disputes']
['environmental Law' 'property Law'] ['tree Disputes' 'view Obstruction' 'toxic Plants' 'neighbourhood Property Disputes']

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether oleander trees on respondents' property pose a risk of injury through poisoning to children on applicant's property under s10(2)(b) of the Act" "Whether respondents' hedges and trees severely obstruct applicant's views as per s14E(2) of the Act"]

Ratio Decidendi

There was only a hypothetical and not a sufficient risk of injury from oleander ingestion under s10(2)(b); none of the hedges or trees on the respondents' property currently severely obstruct any relevant views from the applicant's property under s14E(2)(a), so the statutory jurisdiction for orders was not enlivened.

Court Disposition

Application dismissed

Orders

  • ['The application in its entirety is dismissed.' 'All exhibits except Exhibit A are returned.']