Kennedy v Quinn [2023] NSWLEC 1059

Land and Environment Court New South Wales

Medium Neutral Citation: Kennedy v Quinn [2023] NSWLEC 1059 Hearing dates: 06 February 2023 Date of orders: 06 February 2023 Decision date: 06 February 2023 Jurisdiction: Class 2 Before: Galwey AC Decision: See orders at [20]. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2 application – neighbouring tree – whether the tree is likely to cause injury – who should pay for tree removal – actions of the applicant contributed to the death of the tree Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, ss 4, 7, 10, 12, Cases Cited: Freeman v Dillon [2012] NSWLEC 1057 Horn v Latter [2007] NSWLEC 744 Joaquim v Adamson [2009] NSWLEC 1312 Yang v Scerri [2007] NSWLEC 592 Texts Cited: Safe Work Australia (2016) 'Guide to managing risks of tree trimming and removal work') Category: Principal judgment Parties: James Kennedy (Applicant) Bryan Quinn (First Respondent) Melissa Quinn (Second Respondent) Representation: J Kennedy (Self-represented) (Applicant) B Quinn (Self-represented) (First Respondent) M Quinn (Self-represented) (Second Respondent) File Number(s): 2022/348321 Publication restriction: No

Judgment

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. ​​​​​​​ 1. COMMISSIONER: Since purchasing their Wahroonga property in early 2022, the Kennedy family has removed some trees and made plans to construct a dwelling. The Kennedys share a common boundary with the Quinns (the Respondents). On the Respondents' property, which they say is heritage-listed, a building is approximately one metre from the common boundary. Between that building and the boundary stands a dead camphor laurel (Cinnamomum camphora) (the tree), its root buttress extending slightly across the boundary. Pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 (Trees Act), James Kennedy (the Applicant) has applied to the Court seeking orders for the tree to be removed.