Tyler v Owners Corporation SP 44154 [2008] NSWLEC 1235

Tyler v Owners Corporation SP 44154 [2008] NSWLEC 1235

The statutory tests in s 10(2) of the Trees (Disputes Between Neighbours) Act 2006 were not satisfied because there was no demonstrated or likely damage or risk of injury from the subject trees, and overshadowing fell outside the Court’s jurisdiction; the application was therefore dismissed.

Parties
Applicants: R & M Tyler; Respondent: Owners Corporation SP 44154
Jurisdiction
Australia
Judgment Date
28 May 2008
Procedural Posture
Application Under the Trees (disputes Between Neighbours) Act 2006 / Ex Tempore Judgment at First Instance
Outcome
Application dismissed
Legal Topics
Trees and Neighbour Disputes, Overshadowing, Jurisdiction Under Trees (disputes Between Neighbours) Act 2006
Environmental Law Property Law Trees and Neighbour Disputes Overshadowing Jurisdiction Under Trees (disputes Between Neighbours) Act 2006

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Parties

R & M Tyler

Applicants

Owners Corporation SP 44154

Respondent

Procedural Posture

Application Under the Trees (disputes Between Neighbours) Act 2006 / Ex Tempore Judgment at First Instance

Legal Issues

  1. 1 Whether Cypress trees and Angophora on the respondent's property have caused, are causing, or are likely in the near future to cause damage to the applicants' property or are a likely risk of injury to any person under s 10(2) of the Trees (Disputes Between Neighbours) Act 2006
  2. 2 Whether overshadowing by trees falls within the jurisdiction of the Court under the Act

Ratio Decidendi

The statutory tests in s 10(2) of the Trees (Disputes Between Neighbours) Act 2006 were not satisfied because there was no demonstrated or likely damage or risk of injury from the subject trees, and overshadowing fell outside the Court’s jurisdiction; the application was therefore dismissed.

Court Disposition

Application dismissed