Toulson v Kuan [2025] NSWLEC 1072

Toulson v Kuan [2025] NSWLEC 1072

The applicant failed to provide evidence of damage to property or genuine injury; the risk of injury posed by the tree is low to very low, and reasonable maintenance is expected. The Court is not satisfied as to the statutory requirements for making orders under s 10(2) of the Trees (Disputes Between Neighbours) Act 2006. Consequently, there is no power to make orders and the application is refused.

Parties
Applicant: Nigel Peter Toulson; Respondent: Yeh Sheng Kuan
Jurisdiction
Australia
Judgment Date
11 February 2025
Procedural Posture
Tree Dispute (class 2) / Judgment
Outcome
Application refused
Legal Topics
Trees (disputes Between Neighbours), Overhanging Branches, Apprehension of Damage and Injury, Environmental Contributions
Property Law Environmental Law Trees (disputes Between Neighbours) Overhanging Branches Apprehension of Damage and Injury Environmental Contributions

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Parties

Nigel Peter Toulson

Applicant

Yeh Sheng Kuan

Respondent

Procedural Posture

Tree Dispute (class 2) / Judgment

Legal Issues

  1. 1 Whether the tree is likely to cause damage to the applicant's property
  2. 2 Whether the tree is likely to cause injury to any person
  3. 3 Whether maintenance burden from debris justifies intervention under Trees Act

Ratio Decidendi

The applicant failed to provide evidence of damage to property or genuine injury; the risk of injury posed by the tree is low to very low, and reasonable maintenance is expected. The Court is not satisfied as to the statutory requirements for making orders under s 10(2) of the Trees (Disputes Between Neighbours) Act 2006. Consequently, there is no power to make orders and the application is refused.

Court Disposition

Application refused

Orders

  • The application is refused.