Lee v Lau [2021] NSWLEC 1809

Land and Environment Court New South Wales

Medium Neutral Citation: Lee v Lau [2021] NSWLEC 1809 Hearing dates: 2 September 2021 Date of orders: 2 September 2021 Decision date: 02 September 2021 Jurisdiction: Class 2 Before: Douglas AC Decision: The application is dismissed. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) –tree growing on lean near boundary and fence – apprehension of damage and injury Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Barker v Kyriakides [2007] NSWLEC 292 Hornsby Shire Council v Malcolm (1986) 60 LGRA 429 Murray v Shoebridge [2007] NSWLEC 785 P. Baer Investments Pty Limited v University of New South Wales [2007] NSWLEC 128 Robson v Leischke (2008) 72 NSWLR 98; [2008] NSWLEC 152 Smith & Hannaford v Zhang & Zhou [2011] NSWLEC 29 Yang v Scerri [2007] NSWLEC 592 Category: Principal judgment Parties: Mark Lee (Applicant) Cecelia Lau (Respondent) Representation: M Lee (litigant in person) (Applicants) C Lau (litigant in person) (Respondent) File Number(s): 2021/140960 Publication restriction: No

Judgment

This decision was given as an extemporaneous decision. It was given orally and has been revised and edited prior to publication. 1. COMMISSIONER: The applicant, Mr Lee, shares a rear property boundary with Ms Lau, the respondent, in Eastwood. Ms Lau has resided there for about 24 years, and Mr Lee, for about 17 years. 2. Mr Lee lodged an application, pursuant to s 7 of Part 2 of the Trees (Disputes between Neighbours) Act 2006 (the Act), in order to prevent near future damage from a tree, and associated risk of injury. The tree is a Pinus radiata (Radiata pine) in early to mid-maturity, about 12 metres in height with a canopy spread of approximately 9 metres. It is located about 3 metres from Ms Lau's rear boundary. Between the properties is a stormwater channel, about 2 metres wide with banks about 2 metres wide on either side. Thus, there is a gap of about 6 metres between the rear boundaries of the two properties.