Stack v Kahler (No 2) [2023] NSWLEC 1268

Land and Environment Court New South Wales

Medium Neutral Citation: Stack v Kahler (No 2) [2023] NSWLEC 1268 Hearing dates: 23 August 2022 and 10 February 2023 Date of orders: 1 June 2023 Decision date: 01 June 2023 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders: (1) The application to remove or prune the tree is upheld to the extent of the Court's pruning order (Order 1) made on 23 December 2022. (2) The application for compensation is refused. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2 application – boundary tree principally on the respondent's land – actions of the parties – whether further orders are required for compensation or ongoing tree management Legislation Cited: Land and Environment Court Act 1979, s 22 Trees (Disputes Between Neighbours) Act 2006, Pt 2, ss 4, 7, 12 Cases Cited: Robson v Leischke (2008) 72 NSWLR 98; [2008] NSWLEC 152 Stack v Kahler [2022] NSWLEC 1731 Texts Cited: Pittwater 21 Development Control Plan 2004 Category: Principal judgment Parties: Barbara Stack (First Applicant) Rodney Reece (Second Applicant) Cameron Kahler (Respondent) Representation: B Stack (Self-represented) (First Applicant) R Reece (Self-represented) (Second Applicant) C Kahler (Self-represented) (Respondent) File Number(s): 2022/140944 Publication restriction: No

Judgment

Background 1. COMMISSIONER: Barbara Stack and Rodney Reece (the applicants) applied to the Court, pursuant to s 7 (Pt 2) of the Trees (Disputes Between Neighbours) Act 2006 (the Trees Act), seeking orders for the removal of a neighbouring Flooded Gum (Eucalyptus grandis) and compensation for property damage. Following the onsite hearing, the Court made orders on 23 December 2022 for Cameron Kahler (the respondent) to have the tree pruned and the base of the tree surveyed relative to the common boundary: Stack v Kahler [2022] NSWLEC 1731. The boundary survey was filed with the Court on 23 January 2023. The Court heard further submissions at a hearing on 10 February 2023.