NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Ferderer v Cunninghame [2021] NSWLEC 1097 Hearing dates: 2 November 2020 Date of orders: 2 March 2021 Decision date: 02 March 2021 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders that: (1) The application is refused. (2) The exhibits are returned apart from Exhibits A and B. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – damage to property – zoning of land – whether the land is within a zone to which the Trees Act applies – row of cypress trees – damage to slab of concrete shed – evidentiary burden lies with the applicant – Court cannot be satisfied that trees have caused the damage – cause of damage is not identified – trees were there first – other possible remedies for damage – application refused Legislation Cited: Eurobodalla Local Environmental Plan 2012 Trees (Disputes Between Neighbours) Act 2006 (NSW), Pt 2, ss 4, 7, 9, 10, 12 Cases Cited: Barker v Kyriakides [2007] NSWLEC 292 Black v Johnson (No 2) [2007] NSWLEC 513 Smith & Hannaford v Zhang & Zhou [2011] NSWLEC 29 Texts Cited: Land and Environment Court, 'COVID-19 Pandemic Arrangements Policy' (July 2020) Category: Principal judgment Parties: Betty Ferderer (Applicant) Douglas Cunninghame (First Respondent) Sue Cunninghame (Second Respondent) Representation: Counsel A Fleming (Solicitor) (Applicant) N Allan (Respondents)
Solicitors Elizabeth Fleming and Associates (Applicant) Boom Lawyers (Respondents) File Number(s): 2020/162880 Publication restriction: No
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