Young & anor v Everett & anor [2017] NSWLEC 1670
The tree is healthy and not presently showing defects likely to cause failure or injury in the court's timeframe; the prior limb failure was unpredictable and not indicative of ongoing risk; no basis for making pruning or removal orders when foreseeability of further failure is absent.
- Jurisdiction
- Australia
- Judgment Date
- 23 November 2017
- Procedural Posture
- Application Under Trees (disputes Between Neighbours) Act 2006 / Final Decision at First Instance
- Outcome
- Application dismissed
- Legal Topics
- ['tree Disputes' 'risk of Injury From Trees' 'damage to Property' 'dividing Fences' 'jurisdiction Under Trees Act']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Final Decision at First Instance
Legal Issues
- 1 ["Whether respondents' tree has caused or is likely in the near future to cause damage to the applicants' property or injury to any person under s 10(2) Trees (Disputes Between Neighbours) Act 2006" 'Whether orders for pruning or removal of branches or the tree should be made' 'Whether shade or future planting can be controlled under the Act' 'Whether replacement of fence is warranted and order ought be made']
Ratio Decidendi
The tree is healthy and not presently showing defects likely to cause failure or injury in the court's timeframe; the prior limb failure was unpredictable and not indicative of ongoing risk; no basis for making pruning or removal orders when foreseeability of further failure is absent.
Court Disposition
Application dismissed
Orders
- ['The application is dismissed.']
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