George v Cheng [2023] NSWLEC 1204

Land and Environment Court New South Wales

Medium Neutral Citation: George v Cheng [2023] NSWLEC 1204 Hearing dates: 24 April 2023 Date of orders: 03 May 2023 Decision date: 03 May 2023 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders: (1) The application is granted to the extent of the following orders. (2) Within 30 days of the date of these orders, the respondent is to remove all bamboo within 6 metres of the common boundary shared with the applicant. (3) Within 30 days of the date of these orders, the applicant is to remove all bamboo within 6 metres of the common boundary shared with the respondent. (4) The respondent is to ensure all fencing works along the common boundary are carried out in accordance with the Dividing Fences Agreement ('the fencing agreement') between herself and Susannah George dated 28 March 2023. (5) The respondent is to give the applicant 2 days' notice of all fencing works done under the fencing agreement. (6) The applicant is to allow any access necessary for the fencing works to be completed in accordance with the fencing agreement. The applicant is not to interfere with the works or otherwise prevent their timely completion. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2 application – damage caused by neighbouring tree – damage to fence – whether the applicant is an owner – fencing agreement – orders to carry out works according to the fencing agreement Legislation Cited: Dividing Fences Act 1991, ss 3, 13A Trees (Disputes Between Neighbours) Act 2006, Pt 2 ss 7, 10, 12 Cases Cited: Breen v Caronna [2008] NSWLEC 293 Texts Cited: Safe Work Australia, Guide to managing risks of tree trimming and removal work, 2016 Category: Principal judgment Parties: Elizabeth Alumootil George (Applicant) Peggy Heung Ping Cheng (Respondent) Representation: E George (Self-represented) (Applicant) P Cheung (Self-represented) (Respondent) File Number(s): 2023/35397 Publication restriction: Nil