NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Johnson v Budden [2021] NSWLEC 1749 Hearing dates: 15 December 2021 Date of orders: 15 December 2021 Decision date: 15 December 2021 Jurisdiction: Class 2 Before: Douglas AC Decision: See orders at [41] below. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – tree causing damage to fence and wall – is tree overhanging house causing excessive maintenance - whether damage to house is caused by the tree Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2, ss 7, 8, 9, 10, 12 Cases Cited: Barker v Kryiakides [2007] NSWLEC 292 Hendry & anor v Olsson & anor [2010] NSWLEC 1302 Roberts vand Denham [2010] NSWLEC 1269 Robson v Leischke (2008) 72 NSWLR 98; [2008] NSWLEC 152 Smith & Hannaford v Zhang & Zhou [2011] NSWLEC 29 Stevens v Russell [2016] NSWLEC 1233 Yang v Scerri [2007] NSWLEC 592 Texts Cited: Safework Australia 'Guide to managing risks of tree trimming and removal work' July 2016 Category: Principal judgment Parties: Rachael Johnson (Applicant) Simon Budden (Respondent) Representation: R Johnson (Self-represented) (Applicant) P Jayne (Solicitor) (Respondents)
Solicitors: SWS Lawyers (Respondent) File Number(s): 2021/290706 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.
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