Harrison & anor v Neuer & anor [2015] NSWLEC 1098

Harrison & anor v Neuer & anor [2015] NSWLEC 1098

On the evidence, including the observed line of survey pegs, the surveyor's material and the Commissioner's observations, the Court was not satisfied that the Tallowwood was wholly or principally on the respondents' adjoining land. The tree was therefore not a tree to which the Trees Act applied, and the Court had no jurisdiction to consider the remaining elements of the applicants' claim.

Jurisdiction
Australia
Judgment Date
15 April 2015
Procedural Posture
Class 2 Tree Dispute Application / Principal Judgment After on Site Hearing
Outcome
Application dismissed
Legal Topics
['jurisdictional Threshold' 'tree Situated Wholly or Principally on Adjoining Land' 'damage to Property' 'potential Injury']
['land and Environment' 'tree Disputes Between Neighbours'] ['jurisdictional Threshold' 'tree Situated Wholly or Principally on Adjoining Land' 'damage to Property' 'potential Injury']

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Procedural Posture

Class 2 Tree Dispute Application / Principal Judgment After on Site Hearing

Legal Issues

  1. 1 ["Whether the tree the subject of the application was wholly or principally situated on the respondents' adjoining land so as to be a tree to which the Trees (Disputes Between Neighbours) Act applies." 'Whether the Court had jurisdiction to make orders to remedy, restrain or prevent damage to property or prevent injury as a consequence of the tree.']

Ratio Decidendi

On the evidence, including the observed line of survey pegs, the surveyor's material and the Commissioner's observations, the Court was not satisfied that the Tallowwood was wholly or principally on the respondents' adjoining land. The tree was therefore not a tree to which the Trees Act applied, and the Court had no jurisdiction to consider the remaining elements of the applicants' claim.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']