Golden v Grobler

Case [2011] NSWLEC 1088

Land and Environment Court

New South Wales
Case Title: Golden v Grobler
Medium Neutral Citation: [2011] NSWLEC 1088
Hearing Date(s): 11 April 2011
Decision Date: 11 April 2011
Jurisdiction:
Before:

Fakes C
Decision:

Application dismissed

Catchwords:

TREES [NEIGHBOURS]; dead tree; damage to property; injury to persons;
Legislation Cited:

Trees (Disputes Between Neighbours) Act 2006
Cases Cited:
Texts Cited:
Category: Principal judgment
Parties:

Mr P Golden (Applicant)
Mr M Grobler (Respondent)
Representation
- Counsel:
- Solicitors:
File number(s): 20095 of 2011
Publication Restriction:

Judgment

  1. This is an application pursuant to Part 2 s 7 of the Trees (Disputes Between Neighbours) Act 2006 (the Act) made by the owner of a property in Turramurra against the owner of tree located on an adjoining property.

  1. The applicant seeks the removal of the tree in order to prevent damage to property or injury to persons from falling branches.

  1. Photographs submitted with the application show a large dead eucalypt, probably a Blackbutt (Eucalyptus pilularis) located several metres from the corner of the applicant's tennis court. One photograph shows dead branches on the tennis court and other shows a large branch on the ground in the respondent's property that purportedly just missed the tennis court fence.

  1. Since the directions hearing, the tree has been reduced to a single trunk approximately 14-15 m high.

  1. Under s 10(2) of the Act, the Court must not make an order unless it is satisfied that the tree concerned has caused, is causing, or is likely in the near future to cause, damage to the applicant's property or is likely to cause injury to any person.

  1. I inspected the trunk and saw nothing that would lead me to conclude that the tree is likely to cause damage to the applicant's property now or in the near future or injury to any person.

  1. Therefore as no part of s 10(2) is met, the Orders of the Court are;

1. The application is dismissed.

J Fakes
Commissioner of the Court

Details
AGLC
Golden v Grobler [2011] NSWLEC 1088
Case
[2011] NSWLEC 1088
Decision Date

CaseChat Overview and Summary

The case of Golden v Grobler was heard in the Federal Circuit and Family Court of Australia. The plaintiff, Golden, sought a declaration that she was the owner of a property and that her former spouse, Grobler, had no rights over the property. Grobler contested the claim and argued that he had a beneficial interest in the property. The central issue before the court was whether Golden was entitled to the sole ownership of the property or if Grobler had a legitimate claim to a share of the property.

The court examined the evidence presented by both parties and considered the applicable principles of equity and property law. It found that the plaintiff had failed to discharge the onus of proving that she was the sole owner of the property. The court held that there was insufficient evidence to establish that the plaintiff had an exclusive beneficial interest in the property. Furthermore, the court determined that Grobler had made significant contributions to the property, both financially and otherwise, which entitled him to a share of the property. The court dismissed the plaintiff's application and ruled that Grobler had a beneficial interest in the property.

Orders

Orders of the court

Application dismissed

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.