Baker v Freeman; Christie v Freeman [2021] NSWLEC 1091

Land and Environment Court New South Wales

Medium Neutral Citation: Baker v Freeman; Christie v Freeman [2021] NSWLEC 1091 Hearing dates: 29 October 2020 Date of orders: 24 February 2021 Decision date: 24 February 2021 Jurisdiction: Class 2 Before: Galwey AC Decision: Proceedings 2020/155573 See orders at [23] Proceedings 2020/157553 See orders at [24] Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – risk of damage and injury – two applications concerning the one tree – overhanging tree – whether the tree is likely to cause damage or injury – works already permitted by Council – access to properties for works to be carried out Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 (NSW), Pt 2, ss 7, 10, 12 Cases Cited: Robson v Leischke (2008) 72 NSWLR 98; [2008] NSWLEC 152 Texts Cited: 2016 Safe Work Australia 'Guide to managing risks of tree trimming and removal work' AS 4373-2007 'Pruning of amenity trees' Category: Principal judgment Parties: Proceedings 2020/155573 Maria Baker (Applicant) Gregory Freeman (First Respondent) Margaret-Anne Freeman (Second Respondent)

Proceedings 2020/157553 Frances Christie (Applicant) Gregory Freeman (First Respondent) Margaret-Anne Freeman (Second Respondent) Representation: Proceedings 2020/155573 E Nolan (Agent) (Applicant) G Freeman (Litigant in Person) (Respondents)