Davison v Fernandas [2008] NSWLEC 1388

Davison v Fernandas [2008] NSWLEC 1388

Although Liquidambar tree roots likely caused some driveway damage in the past, the roots were cut years ago and the trees are not currently or likely to cause future damage or injury. The potential damage or risk does not warrant intervention, considering the significant contribution of the trees to the environment, landscape, and shading. Application for removal is refused.

Jurisdiction
Australia
Judgment Date
19 September 2008
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Final Judgment
Outcome
application refused
Legal Topics
['tree Disputes Between Neighbours' 'damage to Property From Trees' 'tree Removal Applications']
['environmental Law' 'property Law'] ['tree Disputes Between Neighbours' 'damage to Property From Trees' 'tree Removal Applications']

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether the Liquidambar trees on the respondents' property caused or are likely to cause damage to the applicant's property" 'Whether the trees are likely to cause injury to any person' 'Whether any order should be made for removal of the trees']

Ratio Decidendi

Although Liquidambar tree roots likely caused some driveway damage in the past, the roots were cut years ago and the trees are not currently or likely to cause future damage or injury. The potential damage or risk does not warrant intervention, considering the significant contribution of the trees to the environment, landscape, and shading. Application for removal is refused.

Court Disposition

application refused

Orders

  • ['The application is refused.']