Willis v Johnson [2021] NSWLEC 1513

Land and Environment Court New South Wales

Medium Neutral Citation: Willis v Johnson [2021] NSWLEC 1513 Hearing dates: 30 August 2021 Date of orders: 30 August 2021 Decision date: 30 August 2021 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders: (1) The application is refused. (2) The exhibits are returned, except for Exhibit A. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – Part 2 application – overhanging tree – damage to property – risk of injury – brush turkeys – brush turkey faeces – fire – debris – mould – remedy or prevention is not available under the Trees Act Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2, ss 7, 9, 10, 12 Cases Cited: Barker v Kyriakides [2007] NSWLEC 292 Hendry & anor v Olsson & anor [2010] NSWLEC 1302 Lyons v Maybaum [2014] NSWLEC 1055 Robson v Leischke (2008) 72 NSWLR 98; [2008] NSWLEC 152 Yang v Scerri [2007] NSWLEC 592 Texts Cited: Blue Mountains Development Control Plan 2015, Part C Category: Principal judgment Parties: Matthew Willis (Applicant) Leigh Johnson (Respondent) Representation: M Willis (Litigant in Person) (Applicant) L Johnson (Litigant in Person) (Respondent) File Number(s): 2021/207881 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. Matthew Willis ('the applicant') has applied to the Court pursuant to s 7 (Pt 2) of the Trees (Disputes Between Neighbours) Act 2006 ('the Trees Act'), seeking orders for the removal of a neighbouring tree and for compensation for property damage. The tree is on adjoining land belonging to Leigh Johnson ('the respondent').