Sanh v Truong [2012] NSWLEC 1274

Sanh v Truong [2012] NSWLEC 1274

There was insufficient evidence that the respondent's trees had caused, were causing, or were likely in the next 12 months to cause damage or injury as required under s 10(2) of the Act; mere falling of leaves or presence of insects does not establish such damage or injury, nor do general maintenance burdens.

Parties
Applicant: Ms Van Sanh; Respondent: Mr Cuu Truong
Jurisdiction
Australia
Judgment Date
04 October 2012
Procedural Posture
Application Under Part 2, Trees (disputes Between Neighbours) Act 2006 / Decision After Hearing
Outcome
Application dismissed
Legal Topics
Trees (disputes Between Neighbours), Damage to Property, Injury, Nuisance
Environmental Law Property Law Trees (disputes Between Neighbours) Damage to Property Injury Nuisance

Case Brief

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Parties

Ms Van Sanh

Applicant

Mr Cuu Truong

Respondent

Procedural Posture

Application Under Part 2, Trees (disputes Between Neighbours) Act 2006 / Decision After Hearing

Legal Issues

  1. 1 Whether the respondent's trees have caused, are causing, or are likely in the near future to cause damage to the applicant's property
  2. 2 Whether the respondent's trees are likely to cause injury to any person

Ratio Decidendi

There was insufficient evidence that the respondent's trees had caused, were causing, or were likely in the next 12 months to cause damage or injury as required under s 10(2) of the Act; mere falling of leaves or presence of insects does not establish such damage or injury, nor do general maintenance burdens.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.