Rolls v Davies [2007] NSWLEC 533

Rolls v Davies [2007] NSWLEC 533

The application was dismissed because the Court was not satisfied that the tests in s 10(2) of the Act were satisfied for the relevant limbs or trees. The one tree likely to fail would fail entirely within the respondent's property and would not be capable of damaging the applicants' property or, given the current unoccupied state of that property, be likely to injure any person.

Jurisdiction
Australia
Judgment Date
20 August 2007
Procedural Posture
Neighbour Application Under S 7 of the Trees (disputes Between Neighbours) Act 2006 / Ex Tempore Judgment
Outcome
Application dismissed.
Legal Topics
['neighbour Application' 'risk of Tree Failure' 'jurisdiction Under S 10(2) of the Trees (disputes Between Neighbours) Act 2006']
['trees Disputes Between Neighbours'] ['neighbour Application' 'risk of Tree Failure' 'jurisdiction Under S 10(2) of the Trees (disputes Between Neighbours) Act 2006']

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Procedural Posture

Neighbour Application Under S 7 of the Trees (disputes Between Neighbours) Act 2006 / Ex Tempore Judgment

Legal Issues

  1. 1 ["Whether the tests in s 10(2) of the Trees (Disputes Between Neighbours) Act 2006 were satisfied concerning limbs or trees on the respondent's property." "Whether any of the trees or overhanging branches were likely to fail in a way that could damage the applicants' property or injure any person."]

Ratio Decidendi

The application was dismissed because the Court was not satisfied that the tests in s 10(2) of the Act were satisfied for the relevant limbs or trees. The one tree likely to fail would fail entirely within the respondent's property and would not be capable of damaging the applicants' property or, given the current unoccupied state of that property, be likely to injure any person.

Court Disposition

Application dismissed.

Orders

  • ['The application is dismissed.']