In Bustamante v Mlinaric the Court stated that when assessing an application under the Trees (Disputes Between Neighbours) Act 2006 the Court must be satisfied by at least one of the following criteria:
- The tree caused or is now causing damage to the applicant’s property on the land
- The tree is likely in the near future to cause damage to the applicant’s property on the land
- The tree is likely to cause injury to a person