Weeraratne v Xi & Liu [2018] NSWLEC 1548

Weeraratne v Xi & Liu [2018] NSWLEC 1548

The applicant failed to prove by survey that the tree was situated on the respondents' adjoining land; site inspection indicated the tree is principally on the applicant's land, therefore jurisdiction under s 7 of the Act was not established.

Parties
Applicant: Ranjith Weeraratne; First Respondent: Jing Xi; Second Respondent: Xuesong Lui
Jurisdiction
Australia
Judgment Date
02 October 2018
Procedural Posture
Tree Dispute Application / Final Judgment
Outcome
Application dismissed
Legal Topics
Trees Disputes Between Neighbours, Boundary Determination, Jurisdictional Requirements Under Trees Act
Property Law Trees Disputes Between Neighbours Boundary Determination Jurisdictional Requirements Under Trees Act

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Parties

Ranjith Weeraratne

Applicant

Jing Xi

First Respondent

Xuesong Lui

Second Respondent

Procedural Posture

Tree Dispute Application / Final Judgment

Legal Issues

  1. 1 Whether the tree is situated on the respondents' adjoining land for the purposes of s 7 of the Trees (Disputes Between Neighbours) Act 2006
  2. 2 Whether the respondents are responsible for removing the dead tree

Ratio Decidendi

The applicant failed to prove by survey that the tree was situated on the respondents' adjoining land; site inspection indicated the tree is principally on the applicant's land, therefore jurisdiction under s 7 of the Act was not established.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.