Wazrin Pty Ltd v Pearson No 2 [2010] NSWLEC 1020

Wazrin Pty Ltd v Pearson No 2 [2010] NSWLEC 1020

Because the wall in question is on the respondent’s property, the Court lacks jurisdiction to make orders relating to it under the Trees (Disputes Between Neighbours) Act 2006. The application for reinstatement of the brick wall is dismissed.

Parties
Applicant: Wazrin Pty Ltd; Respondent: Stuart Pearson
Jurisdiction
Australia
Judgment Date
04 February 2010
Procedural Posture
Tree Dispute / Final Judgment
Outcome
Application for reinstatement of retaining wall dismissed. Annual removal of dead fronds order stands. Hearing on 15 February cancelled.
Legal Topics
Trees (disputes Between Neighbours), Property Boundary
Property Law Environmental Law Trees (disputes Between Neighbours) Property Boundary

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Parties

Wazrin Pty Ltd

Applicant

Stuart Pearson

Respondent

Procedural Posture

Tree Dispute / Final Judgment

Legal Issues

  1. 1 Whether the brick retaining wall allegedly damaged by the tree is on the applicant’s property or respondent’s property
  2. 2 Whether the Court has jurisdiction under s 7 of the Trees (Disputes Between Neighbours) Act 2006 to order reinstatement of the wall

Ratio Decidendi

Because the wall in question is on the respondent’s property, the Court lacks jurisdiction to make orders relating to it under the Trees (Disputes Between Neighbours) Act 2006. The application for reinstatement of the brick wall is dismissed.

Court Disposition

Application for reinstatement of retaining wall dismissed. Annual removal of dead fronds order stands. Hearing on 15 February cancelled.

Orders

  • The application for the reinstatement of the brick wall is dismissed.