Badolato v Terry [2009] NSWLEC 1021

The Court found the applicant failed to establish that the trees caused or could cause damage to property or persons within the meaning of s 10(2) of the Act, so no remedial orders can be made.

Jurisdiction: Australia
Judgment Date: 15 January 2009
Procedural Posture: Tree Dispute / Judgment
Outcome: application dismissed
Legal Topics: ['tree Disputes' 'damage to Dividing Fence' 'restriction of Light' 'trees (disputes Between Neighbours) Act 2006']

['property Law'] ['tree Disputes' 'damage to Dividing Fence' 'restriction of Light' 'trees (disputes Between Neighbours) Act 2006']

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Procedural Posture

Tree Dispute / Judgment

Legal Issues

1 ["Whether the Leighton Green trees on the respondent's property caused damage to the applicants' fence or sewer; Whether the trees prohibit construction of a new fence; Whether restriction of light or overgrowth constitutes actionable damage under the Trees (Disputes Between Neighbours) Act 2006"]

Ratio Decidendi

The Court found the applicant failed to establish that the trees caused or could cause damage to property or persons within the meaning of s 10(2) of the Act, so no remedial orders can be made.

Court Disposition

application dismissed

Orders

['application is dismissed']