Amjadi v Smith [2021] NSWLEC 1648

Land and Environment Court New South Wales

Medium Neutral Citation: Amjadi v Smith [2021] NSWLEC 1648 Hearing dates: 18 August 2021 Date of orders: 26 October 2021 Decision date: 26 October 2021 Jurisdiction: Class 2 Before: Galwey AC Decision: See orders at [25] Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2 application – large tree overhanging dwelling – whether the tree has caused damage – whether further damage or injury is likely – whether respondents have taken appropriate action – orders for pruning, inspection and report Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2, ss 6, 7, 9, 10, 12 Cases Cited: Barker v Kyriakides [2007] NSWLEC 292 Jackson v Phillips [2019] NSWLEC 1271 Yang v Scerri [2007] NSWLEC 592 Texts Cited: AS 4373-2007 'Pruning of amenity trees' Safe Work Australia, 'Guide to managing risks of tree trimming and removal work', 2016 Ku-ring-gai Development Control Plan 2021, Pt 13.2 Category: Principal judgment Parties: Shahin Amjadi (Applicant) Marea Annette Smith in her capacity as Executor & Trustee of the Estate of Patricia Margaret Susannah Smith aka Patricia Margaret Susanne Smith (First Respondent) Michael Christopher Smith in his capacity as Executor & Trustee of the Estate of Patricia Margaret Susannah Smith aka Patricia Margaret Susanne Smith (Second Respondent) Antoinette Louise Mary Smith in her capacity as Executor & Trustee of the Estate of Patricia Margaret Susannah Smith aka Patricia Margaret Susanne Smith (Third Respondent) The Estate of Patricia Margaret Susannah Smith aka Patricia Margaret Susanne Smith, by her Executors Marea Annette Smith, Michael Christopher Smith and Antoinette Louise Mary Smith (Fourth Respondent) Representation: S Amjadi (Litigant in Person) (Applicant) R Di Donato (Solicitor) (First and Second Respondents) A Smith (Litigant in Person) (Third Respondent)