Done v Shelly Beach Golf Club [2019] NSWLEC 1502

Done v Shelly Beach Golf Club [2019] NSWLEC 1502

The Trees (Disputes Between Neighbours) Act 2006 (NSW) does not apply to the trees because they are located on land zoned Public Recreation (RE1) and managed by a council, and therefore the Court has no jurisdiction to make the orders sought.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
17 October 2019
Procedural Posture
Tree Dispute Application / Final Judgment
Outcome
Application refused
Legal Topics
['trees (disputes Between Neighbours)' 'zoning' 'jurisdictional Limits']
['property Law'] ['trees (disputes Between Neighbours)' 'zoning' 'jurisdictional Limits']

Source-derived case record

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Procedural Posture

Tree Dispute Application / Final Judgment

Legal Issues

  1. 1 ['Does the Trees (Disputes Between Neighbours) Act 2006 (NSW) apply to trees on land zoned Public Recreation (RE1) and vested in or managed by a council?']

Ratio Decidendi

The Trees (Disputes Between Neighbours) Act 2006 (NSW) does not apply to the trees because they are located on land zoned Public Recreation (RE1) and managed by a council, and therefore the Court has no jurisdiction to make the orders sought.

Court Disposition

Application refused

Orders

  • ['The application is refused.']