Body v Bracks; Smith v Bracks [2021] NSWLEC 1614

Land and Environment Court New South Wales

Medium Neutral Citation: Body v Bracks; Smith v Bracks [2021] NSWLEC 1614 Hearing dates: 17 August 2021 Date of orders: 19 October 2021 Decision date: 19 October 2021 Jurisdiction: Class 2 Before: Galwey AC Decision: Proceedings 2021/109436 See orders at [60] Proceedings 2021/109559 See orders at [61] Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – two applications – damage to property – whether tree removal is required – compensation – whether causation has been demonstrated – some elements of compensation cannot be claimed due to statute of limitations – discrete orders made for each of the proceedings Legislation Cited: Limitation Act 1969, s 14 Trees (Disputes Between Neighbours) Act 2006, Pt 2, ss 6, 7, 9, 10, 12 Uniform Civil Procedure Rules 2005, r 31.23, Sch 7 Cases Cited: Fang v Li [2017] NSWLEC 1503 Investmentsource v Knox Street Apartments [2007] NSWSC 1128 Lees v Primrose [2014] NSWLEC 1122 Liang v Marsh [2011] NSWLEC 1026 Moroney v John [2008] NSWLEC 32 The Owners – Strata Plan 3346 v The Owners – Strata Plan 10848 [2021] NSWLEC 1504 Texts Cited: AS 4373-2007 Pruning of amenity trees Leichhardt Development Control Plan 2013 Safe Work Australia, Guide to managing risks of tree trimming and removal work (2016) Category: Principal judgment Parties: Proceedings 2021/109436 David John Body (Applicant) Courtney Bracks (Respondent)