Attallah v Doutre [2007] NSWLEC 816

Attallah v Doutre [2007] NSWLEC 816

No sufficient evidence that tree has caused, is causing, or is likely in the near future to cause damage to applicant’s property or is likely to cause injury, therefore no orders can be made and application dismissed.

Parties
Applicant: Noura Attallah; Respondent: Arnold Doutre
Jurisdiction
Australia
Judgment Date
13 December 2007
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Judgment
Outcome
application dismissed
Legal Topics
Damage to Property, Neighbour Tree Disputes
Property Law Environment Law Damage to Property Neighbour Tree Disputes

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Parties

Noura Attallah

Applicant

Arnold Doutre

Respondent

Procedural Posture

Application Under Trees (disputes Between Neighbours) Act 2006 / Judgment

Legal Issues

  1. 1 Whether the silky oak tree on respondent's property has caused, is causing, or is likely to cause damage to the applicant's property or injury to persons

Ratio Decidendi

No sufficient evidence that tree has caused, is causing, or is likely in the near future to cause damage to applicant’s property or is likely to cause injury, therefore no orders can be made and application dismissed.

Court Disposition

application dismissed