Hitchenson v Collins [2022] NSWLEC 1494

Land and Environment Court New South Wales

Medium Neutral Citation: Hitchenson v Collins [2022] NSWLEC 1494 Hearing dates: 30 November 2021 Date of orders: 16 September 2022 Decision date: 16 September 2022 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders: (1) The application is refused. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2 application – neighbouring tree – damage to boundary fence – risk of injury – application refused Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2, ss 7, 9, 10, 12 Cases Cited: Yang v Scerri [2007] NSWLEC 592 Category: Principal judgment Parties: Leah Hitchenson (First Applicant) Byron Hitchenson (Second Applicant) Jason Collins (Respondent) Representation: Counsel: L Hitchenson (Self-represented) (Applicant) J Arms (Solicitor) (Respondent)

Solicitors: Panwar Legal (Respondent) File Number(s): 2021/256655 Publication restriction: No

Judgment

Background to the application 1. COMMISSIONER: A frangipani tree (Plumeria sp.) (the tree) grows on the Wamberal property belonging to Jason Collins (the Respondent), close to the common boundary fence shared with his neighbours, Leah and Byron Hitchenson (the Applicants). The Hitchensons have applied to the Court seeking orders for the tree to be pruned clear of the fence and for Mr Collins to pay the cost of filing their application. During the hearing they amended the orders sought, saying they would be happy for the tree to be tied back to keep it clear of the fence.