Sumner v Graham [2008] NSWLEC 1391

The tree has not caused, is not causing, and is unlikely in the near future to cause, damage to the applicant's property; therefore, no order for removal or intervention is warranted.

Parties: Applicant: Shirley Sumner; Respondent: Robert and Carmel Graham
Jurisdiction: Australia
Judgment Date: 29 September 2008
Procedural Posture: Application Under Trees (disputes Between Neighbours) Act 2006 / First Instance; Ex Tempore Judgment
Outcome: Application refused
Legal Topics: Tree Disputes, Damage to Property, Removal of Tree

Environmental Law Property Law Tree Disputes Damage to Property Removal of Tree

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Parties

Shirley Sumner

Applicant

Robert and Carmel Graham

Respondent

Procedural Posture

Application Under Trees (disputes Between Neighbours) Act 2006 / First Instance; Ex Tempore Judgment

Legal Issues

1 Whether the tree has caused, is causing, or is likely to cause in the near future, damage to the applicant's property
2 Whether removal or intervention relating to the tree is warranted under the Trees (Disputes Between Neighbours) Act 2006

Ratio Decidendi

The tree has not caused, is not causing, and is unlikely in the near future to cause, damage to the applicant's property; therefore, no order for removal or intervention is warranted.

Court Disposition

Application refused

Orders

The application is refused.