Song v Hackney [2016] NSWLEC 1512

Song v Hackney [2016] NSWLEC 1512

The applicant failed to prove with sufficient evidence that the respondent's trees caused the identified damage to her sewer or that future damage was imminently probable; as such, orders for removal or compensation were unwarranted.

Jurisdiction
Australia
Judgment Date
02 November 2016
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Final Determination
Outcome
Application dismissed
Legal Topics
['neighbour Tree Disputes' 'damage to Property' 'compensation' 'sewer Blockage']
['property Law' 'environmental Law'] ['neighbour Tree Disputes' 'damage to Property' 'compensation' 'sewer Blockage']

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Procedural Posture

Application Under Trees (disputes Between Neighbours) Act 2006 / Final Determination

Legal Issues

  1. 1 ["Whether trees on the respondent's property caused damage to the applicant's sewer pipes" 'Whether compensation and/or removal orders should be made under the Trees (Disputes Between Neighbours) Act 2006']

Ratio Decidendi

The applicant failed to prove with sufficient evidence that the respondent's trees caused the identified damage to her sewer or that future damage was imminently probable; as such, orders for removal or compensation were unwarranted.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.' 'The exhibits except A are returned.']