Parolo & Anor v Widdup & Anor (Civil Dispute)

Parolo and another sought a remedy against Widdup and another, alleging nuisance caused by a tree on the defendants' land. The applicants claimed that the tree was causing damage to their property and obstructing light. The matter was before the Civil and Administrative Tribunal of New South Wales. The Tribunal was required to determine whether it had the jurisdiction to grant non-monetary relief in response to a nuisance application. The applicants argued that the Tribunal had the power to grant such relief, but only where there was a claim for damages of less than $25,000. The defendants contended that the Tribunal's power to grant non-monetary relief was ancillary to a claim for damages and that the jurisdictional limit of $25,000 applied to all claims, including non-monetary relief. The Tribunal found that it had the power to make non-monetary orders in response to a nuisance application, and that this power was not ancillary to a claim for damages. The Tribunal held that the jurisdictional limit of $25,000 did not apply to the grant of non-monetary relief for nuisance. The Tribunal ordered that the amended application be listed for directions on a specified date and time, and that the directions hearing be conducted in person.