Jacobsen v Rowell & Anor [2007] NSWLEC 763

Jacobsen v Rowell & Anor [2007] NSWLEC 763

There is insufficient evidence that the trees have caused or are likely to cause damage or injury; dropping of debris does not justify removal or pruning, and the trees contribute positively to the locality and are appropriate for their location.

Jurisdiction
Australia
Judgment Date
24 October 2007
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Ex Tempore Judgment
Outcome
application dismissed
Legal Topics
['tree Disputes' 'nuisance' 'orders for Removal or Pruning of Trees']
['environmental Law' 'property Law'] ['tree Disputes' 'nuisance' 'orders for Removal or Pruning of Trees']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the 6 Brushbox trees constitute a danger to life or property' 'Whether the roots of the trees destabilise a retaining wall' 'Whether debris from the trees creates a safety risk' 'Whether orders should be made for removal or pruning under s 10(2) of the Act']

Ratio Decidendi

There is insufficient evidence that the trees have caused or are likely to cause damage or injury; dropping of debris does not justify removal or pruning, and the trees contribute positively to the locality and are appropriate for their location.

Court Disposition

application dismissed

Orders

  • []