Bowden v Sverkidis & anor [2015] NSWLEC 1410

Bowden v Sverkidis & anor [2015] NSWLEC 1410

There is insufficient evidence to establish to the extent required by s 10(2) of the Trees (Disputes Between Neighbours) Act 2006 that roots from any of the three trees have caused or are likely to imminently cause the alleged damage. The causal nexus requirement is not satisfied, and the jurisdictional threshold is not met.

Jurisdiction
Australia
Judgment Date
25 September 2015
Procedural Posture
Class 2 Tree Dispute / Final Decision (judgment)
Outcome
Application dismissed
Legal Topics
['trees (disputes Between Neighbours)' 'jurisdictional Tests' 'damage' 'remediation Costs']
['environmental Law'] ['trees (disputes Between Neighbours)' 'jurisdictional Tests' 'damage' 'remediation Costs']

Case Brief

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Procedural Posture

Class 2 Tree Dispute / Final Decision (judgment)

Legal Issues

  1. 1 ["Whether roots from respondent's trees caused damage to applicant's property" 'Whether the court has jurisdiction under Trees (Disputes Between Neighbours) Act 2006 s 10(2)' 'Whether future damage is likely']

Ratio Decidendi

There is insufficient evidence to establish to the extent required by s 10(2) of the Trees (Disputes Between Neighbours) Act 2006 that roots from any of the three trees have caused or are likely to imminently cause the alleged damage. The causal nexus requirement is not satisfied, and the jurisdictional threshold is not met.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']