Sait v Mason [2007] NSWLEC 293

Sait v Mason [2007] NSWLEC 293

Ordinary urban tree litter and the resulting maintenance is not compensable under the Trees (Disputes Between Neighbours) Act 2006 unless extraordinary circumstances exist, which were not present in this case. The applicant knowingly located his pool and house adjacent to the trees, and no compensation is payable for the claimed matters.

Parties
Applicant: Murray Sait; Respondent: Steven and Judith Mason
Jurisdiction
Australia
Judgment Date
24 May 2007
Procedural Posture
Neighbour Application Trees / Ex Tempore Judgment
Outcome
Application dismissed
Legal Topics
Tree Disputes Between Neighbours, Claim for Compensation
Environmental Law Property Law Tree Disputes Between Neighbours Claim for Compensation

Case Brief

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Parties

Murray Sait

Applicant

Steven and Judith Mason

Respondent

Procedural Posture

Neighbour Application Trees / Ex Tempore Judgment

Legal Issues

  1. 1 Whether the applicant is entitled to compensation for damages allegedly caused by falling material from trees located on the respondent's property
  2. 2 Whether expenses incurred for gutter guard installation and high-pressure cleaning are compensable under the Trees (Disputes Between Neighbours) Act 2006

Ratio Decidendi

Ordinary urban tree litter and the resulting maintenance is not compensable under the Trees (Disputes Between Neighbours) Act 2006 unless extraordinary circumstances exist, which were not present in this case. The applicant knowingly located his pool and house adjacent to the trees, and no compensation is payable for the claimed matters.

Court Disposition

Application dismissed

Orders

  • Application dismissed; no compensation awarded