Davis v Newnan [2021] NSWLEC 1562

Land and Environment Court New South Wales

Medium Neutral Citation: Davis v Newnan [2021] NSWLEC 1562 Hearing dates: 24 June 2021 Date of orders: 24 June 2021 Decision date: 24 June 2021 Jurisdiction: Class 2 Before: Douglas AC Decision: See Orders at [29]. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – apprehension of damage and injury Legislation Cited: Trees (Disputes between Neighbours) Act 2006, ss 7, 9, 10(1)(a), 10(2)(b), 12 Cases Cited: Dive v Lin & anor [2017] NSWLEC 1348 McPherson v Lake [2017] NSWLEC 1081 Reuben v Lace [2010] NSWLEC 1024 Robson v Leischke (2008) 72 NSWLR 98; [2008] NSWLEC 152 Texts Cited: Safe Work Australia, Guide to Managing Risks of Tree Trimming and Removal Work, (2016) Category: Principal judgment Parties: Stephen Davis (Applicant) Anna Newnan (First Respondent) Anita Newnan (Second Respondent) Representation: Counsel: A Popovic (Solicitor) (Applicant) A Newnan (litigant in person) (Respondents)

Solicitors: Navado Lawyers and Solicitors (Applicant) File Number(s): 2021/65993 Publication restriction: No

Judgment

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1. COMMISSIONER: This is an application, pursuant to s 7 of Part 2 of the Trees (Disputes between Neighbours) Act 2006 (the Trees Act) by Mr Stephen Davis, relating to a Eucalyptus nicholii (Narrow Leafed Peppermint) (the tree) located in the adjacent neighbouring property.