Becker v Runciman [2016] NSWLEC 1624

Becker v Runciman [2016] NSWLEC 1624

None of the jurisdictional tests under s 10(2) of the Trees Act are satisfied, as there is no evidence the tree has caused damage or is likely to cause damage in the near future; therefore, no orders can be made regarding the tree and the application is dismissed.

Jurisdiction
Australia
Judgment Date
20 December 2016
Procedural Posture
Trees Dispute (class 2) / Final Determination
Outcome
Application dismissed
Legal Topics
['trees Disputes Between Neighbours' 'damage Assessment' 'pruning Rights']
['property Law'] ['trees Disputes Between Neighbours' 'damage Assessment' 'pruning Rights']

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Procedural Posture

Trees Dispute (class 2) / Final Determination

Legal Issues

  1. 1 ["Whether tree roots caused damage to applicant's property" 'Whether applicant can prune overhanging branches' 'Jurisdiction under s 10(2) of Trees (Disputes Between Neighbours) Act 2006']

Ratio Decidendi

None of the jurisdictional tests under s 10(2) of the Trees Act are satisfied, as there is no evidence the tree has caused damage or is likely to cause damage in the near future; therefore, no orders can be made regarding the tree and the application is dismissed.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']