Dive v Lin & anor [2017] NSWLEC 1348

Dive v Lin & anor [2017] NSWLEC 1348

The application was dismissed because the tree is not situated on land adjoining the applicant's land as required by s 7 of the Act; therefore, the Court lacks jurisdiction to make the sought orders.

Parties
Applicant: Thomas Dive; First Respondent: Ai Zhong Lin; Second Respondent: Dong Mei Liu
Jurisdiction
Australia
Judgment Date
03 July 2017
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Dismissal After Hearing
Outcome
Application dismissed
Legal Topics
Trees Disputes Between Neighbours, Jurisdiction of the Court, Meaning of Adjoining Land
Environmental Law Property Law Trees Disputes Between Neighbours Jurisdiction of the Court Meaning of Adjoining Land

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Parties

Thomas Dive

Applicant

Ai Zhong Lin

First Respondent

Dong Mei Liu

Second Respondent

Procedural Posture

Application Under Trees (disputes Between Neighbours) Act 2006 / Dismissal After Hearing

Legal Issues

  1. 1 Whether the tree is situated on 'adjoining land' as required by s 7 of the Trees (Disputes Between Neighbours) Act 2006
  2. 2 Whether the Court has jurisdiction to make orders regarding the tree

Ratio Decidendi

The application was dismissed because the tree is not situated on land adjoining the applicant's land as required by s 7 of the Act; therefore, the Court lacks jurisdiction to make the sought orders.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.