McInnes v King [2013] NSWLEC 1049

The jurisdictional test under s 10(2) of the Act is met because the trees have caused and are likely in the near future to cause damage to the applicant's property and/or cause injury, as evidenced by fallen branches and arborist reports.

Jurisdiction: Australia
Judgment Date: 25 March 2013
Procedural Posture: Application Under Trees (disputes Between Neighbours) Act 2006 / Consent Judgment
Outcome: Application upheld; consent orders made
Legal Topics: ['trees (disputes Between Neighbours) Act 2006' 'damage to Property' 'injury to Persons' 'consent Orders']

['environmental Law' 'property Law'] ['trees (disputes Between Neighbours) Act 2006' 'damage to Property' 'injury to Persons' 'consent Orders']

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Procedural Posture

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

Legal Issues

1 ['Whether trees have caused or are likely to cause damage to property' 'Whether trees are likely to cause injury to persons' 'Whether the statutory jurisdictional test under s 10(2) of the Trees (Disputes Between Neighbours) Act 2006 is met']

Ratio Decidendi

Court Disposition

Application upheld; consent orders made

Orders

['The seven trees the subject of the application are to be removed at full cost to the Respondent within 90 days of the order.' "If the Respondent fails to comply, the Applicant and/or her agents may enter Respondent's land to remove the trees at full cost to the Respondent." "Respondent to pay Applicant's costs as...