Donaghy v Hammond [2021] NSWLEC 1526

Land and Environment Court New South Wales

Medium Neutral Citation: Donaghy v Hammond [2021] NSWLEC 1526 Hearing dates: 1 June 2021 Date of orders: 10 September 2021 Decision date: 10 September 2021 Jurisdiction: Class 2 Before: Galwey AC Decision: See orders at [27] Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2 application – large tree overhanging dwellings – whether the tree has caused damage – whether further damage or injury is likely – orders for pruning – orders for tree management plan Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2, ss 7, 9, 10, 12 Cases Cited: Cayley v Gervay [2021] NSWLEC 1254 The Owners – Strata Plan 3346 v The Owners – Strata Plan 10848 [2021] NSWLEC 1504 Yang v Scerri [2007] NSWLEC 592 Texts Cited: AS 4373-2007 'Pruning of amenity trees' Safe Work Australia 2016 'Guide to managing risks of tree trimming and removal work' Sutherland Shire Development Control Plan 2015, Chapter 39 Category: Principal judgment Parties: Paul Donaghy (Applicant) Michael Hammond (Respondent) Representation: P Donaghy (Litigant in Person) (Applicant) S Cominos (Counsel) (Respondent)

Solicitors: Solari & Stock (Respondent) File Number(s): 2021/32084 Publication restriction: No

Judgment

Background to the application 1. Paul Donaghy ('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 large neighbouring Sydney Blue Gum (Eucalyptus saligna) ('the tree') that overhangs his property. The tree is on an adjoining Gymea Bay property owned by Michael Hammond ('the respondent').