Nakkash v Jones [2020] NSWLEC 1374

Land and Environment Court New South Wales

Medium Neutral Citation: Nakkash v Jones [2020] NSWLEC 1374 Hearing dates: 23 July 2020 Date of orders: 23 July 2020 Decision date: 23 July 2020 Jurisdiction: Class 1 Before: Douglas AC Decision: The Court Orders that: (1) The application is dismissed. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) - apprehension of injury Legislation Cited: Trees (Disputes between Neighbours) Act 2006 Cases Cited: Adamski v Betty [2007] NSWLEC 200 Barker v Kyriakides [2007] NSWLEC 292 Robson v Leischke (2008) 72 NSWLR 98; [2008] NSWLEC 152 Yang v Scerri [2007] NSWLEC 592 Texts Cited: AS4373 Pruning of Amenity Trees Category: Principal judgment Parties: Christian Nakkash (First Applicant) Gail Nakkash (Second Applicant) Glenn Jones (First Respondent) Elizabeth Savage (Second Respondent) Representation: C Nakkash (litigant in person) (First Applicant) G Nakkash (litigant in person) (Second Applicant) G Jones (litigant in person) (First Respondent) E Savage (litigant in person) (Second Respondent) File Number(s): 2020/91060 Publication restriction: No

Judgment

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1. COMMISSIONER: This is an application, pursuant to s 7 of Part 2 of the Trees (Disputes between Neighbours) Act 2006 (the Act) by Mr and Mrs Nakkash of Summer Hill, relating to a Ficus lyrata (Fiddle Leaf Fig) (the tree) located in the adjacent neighbouring property.