Owners Corporation Strata plan 56927 v Horner and anor [2012] NSWLEC 1146

Owners Corporation Strata plan 56927 v Horner and anor [2012] NSWLEC 1146

There was insufficient evidence that the trees posed anything more than a theoretical possibility of failure. No signs of instability or imminent risk were observed, and the requirements of s 10(2) of the Trees (Disputes Between Neighbours) Act 2006 were not satisfied. The court's jurisdiction to make intervention orders was therefore not engaged.

Jurisdiction
Australia
Judgment Date
01 June 2012
Procedural Posture
Class 2 / Final Decision After Hearing
Outcome
Application dismissed
Legal Topics
['tree Disputes' 'neighbourhood Property Rights']
['environmental Law' 'property Law'] ['tree Disputes' 'neighbourhood Property Rights']

Case Brief

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Procedural Posture

Class 2 / Final Decision After Hearing

Legal Issues

  1. 1 ["Whether the trees on the respondent's property are likely to cause damage to property or injury to persons within the meaning of s 10(2) of the Trees (Disputes Between Neighbours) Act 2006" 'Whether orders should be made under s 9 of the Act to remove the trees']

Ratio Decidendi

There was insufficient evidence that the trees posed anything more than a theoretical possibility of failure. No signs of instability or imminent risk were observed, and the requirements of s 10(2) of the Trees (Disputes Between Neighbours) Act 2006 were not satisfied. The court's jurisdiction to make intervention orders was therefore not engaged.

Court Disposition

Application dismissed

Orders

  • ['The application to remove the trees is dismissed.']