Zhang v Mercer [2020] NSWLEC 1415

Land and Environment Court New South Wales

Medium Neutral Citation: Zhang v Mercer [2020] NSWLEC 1415 Hearing dates: 11 August 2020 Date of orders: 11 August 2020 Decision date: 11 August 2020 Jurisdiction: Class 2 Before: Douglas AC Decision: The application is dismissed. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – apprehension of damage and injury Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Uniform Civil Procedures Rules 2005 Cases Cited: Awad v Hardie (No 2) [2010] NSWLEC 1258 Barker v Kyriakides [2007] NSWLEC 292 Black v Johnson (No 2) [2007] NSWLEC 513 Dooley v Newell [2007] NSWLEC 715 Immarrata v Mourikis [2007] NSWLEC 601 Robson v Leischke (2008) 72 NSWLR 98; [2008] NSWLEC 152 Yang v Scerri [2007] NSWLEC 592 Texts Cited: AS4373-2007 Pruning of Amenity Trees Category: Principal judgment Parties: Hong Zhang (Applicant) Lynette Mercer (Respondent) Representation: H Zhang (Litigant in person) (Applicant) L Mercer (Litigant in person) (Respondent) File Number(s): 2020/133918 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 Pt 2 of the Trees (Disputes Between Neighbours) Act 2006 (the Act) by Ms Zhang, relating to a Corymbia citriodora (Lemon Scented Gum) (the tree) located in the adjacent neighbouring property.