Chu v Dalamagas [2023] NSWLEC 1202

Land and Environment Court New South Wales

Medium Neutral Citation: Chu v Dalamagas [2023] NSWLEC 1202 Hearing dates: 24 January 2023 Date of orders: 2 May 2023 Decision date: 02 May 2023 Jurisdiction: Class 2 Before: Douglas AC Decision: See orders at [48] below. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – tree causing damage to fence and concrete paving – whether overhanging branches are causing house damage or excessive maintenance Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, ss 7, 8, 9, 10, 12 Category: Principal judgment Parties: Damien Sato Chu (Applicant) George Dalamagas (First Respondent) Georgina Dalamagas (Second Respondent) Representation: D Chu (Self-represented) (Applicant) N Dalamagas (Agent) (Respondents) File Number(s): 2022/304472 Publication restriction: Nil

Judgment

Background 1. The applicant, Damien Chu, shares a rear boundary between his Burwood property and that owned by the respondents, George and Georgina Dalamagas. Mr Chu occupies his residence while the respondents' property is leased to tenants. Both properties have been owned by the respective party's families for at least 20 years. 2. At issue is a Cinnamomum camphora (Camphor laurel) (the tree) that is growing close to and across the common boundary in the respondents' rear yard. The applicant claims that the tree has caused and is causing damage to his property and is likely to cause further damage in the near future. 3. The applicant provided evidence of correspondence with the respondents since October 2021 via the respondents' property agent, but his claims were consistently rebuffed. 4. Consequently, on 12 October 2022, Mr Chu made an application, pursuant to s 7 of Pt 2 of the Trees (Disputes Between Neighbours) Act 2006 (the Act), in order to remedy damage caused by the tree.