Gill-Macswayne v Crampton & anor [2016] NSWLEC 1641

Gill-Macswayne v Crampton & anor [2016] NSWLEC 1641

There is no real likelihood that the respondent's trees will cause damage to the applicant's property or injury to a person. As such, the Court has no jurisdiction to order intervention with respect to the trees, and the application must be dismissed.

Parties
Applicant: Ruth Gill-Macswayne; First Respondent: John Crampton; Second Respondent: Edna Sorensen
Jurisdiction
Australia
Judgment Date
22 December 2016
Procedural Posture
Trees (disputes Between Neighbours) / Principal Judgment
Outcome
Application dismissed
Legal Topics
Trees (disputes Between Neighbours), Jurisdiction, Risk of Damage or Injury
Environmental Law Trees (disputes Between Neighbours) Jurisdiction Risk of Damage or Injury

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Parties

Ruth Gill-Macswayne

Applicant

John Crampton

First Respondent

Edna Sorensen

Second Respondent

Procedural Posture

Trees (disputes Between Neighbours) / Principal Judgment

Legal Issues

  1. 1 Whether the trees on the respondents' property are likely to cause damage or injury to the applicant's property or persons
  2. 2 Whether the Court has jurisdiction to order removal of the trees under the Trees (Disputes Between Neighbours) Act 2006

Ratio Decidendi

There is no real likelihood that the respondent's trees will cause damage to the applicant's property or injury to a person. As such, the Court has no jurisdiction to order intervention with respect to the trees, and the application must be dismissed.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.