Savell v Munro [2020] NSWLEC 1498

Savell v Munro [2020] NSWLEC 1498

The applicant failed to establish on the evidence that the tree is likely to cause damage or injury in the near future; the historical damage to electricity wires was found to be minor and not sufficient to warrant removal or other intervention. Discretionary factors weighed in favour of retaining the tree.

Parties
Applicant: Terry Savell; First Respondent: Don Munro; Second Respondent: Julie Munro
Jurisdiction
Australia
Judgment Date
20 October 2020
Procedural Posture
Trees (disputes Between Neighbours) Application / Final Judgment After Hearing
Outcome
Application dismissed
Legal Topics
Tree Disputes Between Neighbours, Damage to Property, Risk of Injury, Jurisdiction Under Trees (disputes Between Neighbours) Act 2006
Environmental Law Property Law Tree Disputes Between Neighbours Damage to Property Risk of Injury Jurisdiction Under Trees (disputes Between Neighbours) Act 2006

Case Brief

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Parties

Terry Savell

Applicant

Don Munro

First Respondent

Julie Munro

Second Respondent

Procedural Posture

Trees (disputes Between Neighbours) Application / Final Judgment After Hearing

Legal Issues

  1. 1 Whether the tree is situated on adjoining land as defined by the Trees (Disputes Between Neighbours) Act 2006
  2. 2 Whether the tree has caused, is causing, or is likely to cause, damage to property or injury to any person
  3. 3 Whether an order for removal of the tree should be made

Ratio Decidendi

The applicant failed to establish on the evidence that the tree is likely to cause damage or injury in the near future; the historical damage to electricity wires was found to be minor and not sufficient to warrant removal or other intervention. Discretionary factors weighed in favour of retaining the tree.

Court Disposition

Application dismissed

Orders

  • The application to remove the tree is dismissed.