NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Beilharz v Goodwin [2021] NSWLEC 1092 Hearing dates: 30 October 2020 Date of orders: 25 February 2021 Decision date: 25 February 2021 Jurisdiction: Class 2 Before: Galwey AC Decision: See orders at [40] Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – damage to property – retaining wall – evidentiary burden lies with the applicant – Court cannot be satisfied that trees have caused the damage – other possible causes of damage – fence damage is minor – three small trees to be removed to prevent further damage – no orders for removing two mature remnant trees – no orders for compensation – risk of injury – orders for pruning Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 (NSW), Pt 2, ss 7, 9, 10, 12 Cases Cited: Black v Johnson (No 2) [2007] NSWLEC 513 Riggio v The Estate of the late Phyllis Annette Lockard [2011] NSWLEC 1292 Smith & Hannaford v Zhang & Zhou [2011] NSWLEC 29 Texts Cited: Australian Standard AS 4373-2007 'Pruning of amenity trees' Land and Environment Court, 'COVID-19 Pandemic Arrangements Policy' (July 2020) Safe Work Australia, 'Guide to managing risks of tree trimming and removal work' (July 2016) Category: Principal judgment Parties: Robert Beilharz (Applicant) Lynn Goodwin (Respondent) Representation: Counsel R Beilharz (Litigant in Person) (Applicant) B Phillips (Solicitor) (Respondent)
Solicitors Brian Phillips Legal (Respondent) File Number(s): 2020/171737 Publication restriction: No
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