Dive v Lin and Liu [2017] NSWLEC 153

Dive v Lin and Liu [2017] NSWLEC 153

The Court found that the property on which the tree was situated, being two properties away and separated by another residential allotment, is not 'adjoining land' under the Trees (Disputes Between Neighbours) Act 2006, and therefore the Court had no jurisdiction to entertain the application; the Commissioner was correct in law in interpreting 'adjoining land' as requiring physical contiguity or sufficiently close physical proximity, which was absent here.

Jurisdiction
Australia
Judgment Date
16 November 2017
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
['tree Disputes' 'jurisdiction' "interpretation of 'adjoining Land'" 'appeals on Question of Law' 'costs']
['environmental Law' 'property Law' 'civil Procedure'] ['tree Disputes' 'jurisdiction' "interpretation of 'adjoining Land'" 'appeals on Question of Law' 'costs']

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Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 ["Whether the Commissioner's interpretation of 'adjoining land' in s 7 of the Trees (Disputes Between Neighbours) Act 2006 was correct and whether the Land and Environment Court had jurisdiction over the application for the removal of the tree situated on land not directly bordering the applicant's land"]

Ratio Decidendi

The Court found that the property on which the tree was situated, being two properties away and separated by another residential allotment, is not 'adjoining land' under the Trees (Disputes Between Neighbours) Act 2006, and therefore the Court had no jurisdiction to entertain the application; the Commissioner was correct in law in interpreting 'adjoining land' as requiring physical contiguity or sufficiently close physical proximity, which was absent here.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal is dismissed.' 'No order as to costs.']