Welladsen v Warren [2021] NSWLEC 1081

Land and Environment Court New South Wales

Medium Neutral Citation: Welladsen v Warren [2021] NSWLEC 1081 Hearing dates: 20 January 2021 Date of orders: 20 January 2021 Decision date: 20 January 2021 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders that: (1) The application is refused. (2) The exhibits are returned, except for Exhibit A. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – risk of damage to dwelling – overhanging tree – the tree was pruned prior to the hearing – no orders required Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 (NSW), Pt 2, ss 7, 10, 12 Cases Cited: Barker v Kyriakides [2007] NSWLEC 292 Freeman v Dillon [2012] NSWLEC 1057 Category: Principal judgment Parties: Julie Welladsen (Applicant) Louise Warren (Respondent) Representation: J Welladsen (Litigant in Person) (Applicant) L Warren (Litigant in Person) (Respondent) File Number(s): 2020/283209 Publication restriction: No

Judgment

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.

Background to the application 1. Julie Welladsen ('the applicant') and Louise (Marama) Warren ('the respondent') have been neighbours in Milton for some time. A mature Narrow-leaved Black Peppermint (Eucalyptus nicholii) ('the tree') grows in Ms Warren's garden. Its branches grew across their common boundary, overhanging Ms Welladsen's property and her dwelling. Ms Welladsen asked Ms Warren to prune overhanging branches. When her request was not met, she applied to the Court pursuant to s 7 (Pt 2) of the Trees (Disputes Between Neighbours) Act 2006 ('the Trees Act'), seeking orders for overhanging branches to be pruned. 2. Ms Warren contacted the Community Justice Centre to arrange mediation, but Ms Welladsen refused. Ms Warren engaged an arborist to prune the tree in October 2020.