Woodhead v Higgins [2020] NSWLEC 1520

Land and Environment Court New South Wales

Medium Neutral Citation: Woodhead v Higgins [2020] NSWLEC 1520 Hearing dates: 6 October 2020 Date of orders: 6 October 2020 Decision date: 06 October 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 Procedure Rules 2005 Cases Cited: Barker v Kyriakides [2007] NSWLEC 292 Dooley v Newell [2007] NSWLEC 715 Immarrata v Mourikis [2007] NSWLEC 601 McPherson v Lake [2017] NSWLEC 1081 Robson v Leischke (2008) 72 NSWLR 98; [2008] NSWLEC 152 Texts Cited: AS4373-2007 Pruning of Amenity Trees Category: Principal judgment Parties: Gary Woodhead (Applicant) Nicole Higgins (First Respondent) Robert Higgins (Second Respondent) Representation: G Woodhead (Litigant in person) (Applicant) N Higgins (Litigant in person) (First Respondent) R Higgins (Litigant in person) (Second Respondent) File Number(s): 2020/192960 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 Mr Woodhead, relating to a Eucalyptus saligna X botryoides (the tree) located in the adjacent neighbouring property.