Morante v Howlett [2011] NSWLEC 1158
The application was dismissed because there was no evidence of current damage to property, no history of slipping on leaves, the applicant's external surfaces appeared well maintained, and damage to property in the near future was unlikely, so none of the tests under s 10(2) of the Trees (Disputes Between Neighbours) Act 2006 were satisfied.
- Jurisdiction
- Australia
- Judgment Date
- 22 June 2011
- Procedural Posture
- Class 2 Application Under S 7 Part 2 of the Trees (disputes Between Neighbours) Act 2006 / Hearing and Extemporaneous Decision
- Outcome
- Application dismissed
- Legal Topics
- ['future Damage to Property' 'fallen Leaves' 'risk of Injury' 'neighbouring Trees']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Class 2 Application Under S 7 Part 2 of the Trees (disputes Between Neighbours) Act 2006 / Hearing and Extemporaneous Decision
Legal Issues
- 1 ["Whether the tree has caused, is causing, or is likely in the near future to cause damage to the applicant's property." 'Whether the tree is likely to cause injury to any person due to fallen leaves creating a slip hazard.' 'Whether orders should be made for removal of the tree.']
Ratio Decidendi
The application was dismissed because there was no evidence of current damage to property, no history of slipping on leaves, the applicant's external surfaces appeared well maintained, and damage to property in the near future was unlikely, so none of the tests under s 10(2) of the Trees (Disputes Between Neighbours) Act 2006 were satisfied.
Court Disposition
Application dismissed
Orders
- ['The application to remove the tree is dismissed.']
Full Case Text
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