Clune v Falconer [2008] NSWLEC 1458

Clune v Falconer [2008] NSWLEC 1458

The requirements under s 10(2) of the Trees (Disputes Between Neighbours) Act 2006 were not met as there was no evidence of actual or likely damage to property or injury to persons caused by the trees. The applicant's concerns did not constitute actionable damage or risk as defined in the Act.

Jurisdiction
Australia
Judgment Date
07 November 2008
Procedural Posture
Tree Dispute Application / Judgment
Outcome
Application refused
Legal Topics
['tree Disputes' 'neighbour Law' 'injury to Persons']
['environmental Law'] ['tree Disputes' 'neighbour Law' 'injury to Persons']

Case Brief

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Procedural Posture

Tree Dispute Application / Judgment

Legal Issues

  1. 1 ["Whether the trees on the respondent's property have caused, are causing, or are likely in the near future to cause damage to the applicant's property or injury to persons"]

Ratio Decidendi

The requirements under s 10(2) of the Trees (Disputes Between Neighbours) Act 2006 were not met as there was no evidence of actual or likely damage to property or injury to persons caused by the trees. The applicant's concerns did not constitute actionable damage or risk as defined in the Act.

Court Disposition

Application refused

Orders

  • ['The application is refused.' 'The claim for compensation is dismissed.']