Lobasso v Jin [2023] NSWLEC 1543

Land and Environment Court New South Wales

Medium Neutral Citation: Lobasso v Jin [2023] NSWLEC 1543 Hearing dates: 15 June 2023 Date of orders: 22 September 2023 Decision date: 22 September 2023 Jurisdiction: Class 2 Before: Douglas AC Decision: The Court orders are: (1) See orders at [57] Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – damage to garden edging – apprehension of further damage and of injury – leaves and bracts falling onto veranda roof and gutters Legislation Cited: Dividing Fences Act 1991, s 7 Trees (Disputes Between Neighbours) Act 2006, Pt 2, ss 7, 8, 9, 10, 12 Cases Cited: Barker v Kyriakides [2007] NSWLEC 292 Black v Johnson (No 2) [2007] NSWLEC 513 Robson v Leischke (2008) 72 NSWLR 98; [2008] NSWLEC 152 Yang v Scerri [2007] NSWLEC 592 Texts Cited: Safe Work Australia, Guide to Managing Risks of Tree Trimming and Removal Work, July 2016 Standards Australia, AS4373-2007: Pruning of amenity trees, March 2007 Category: Principal judgment Parties: Dianne Beverly Lobasso (Applicant) Nansong Jin (First Respondent) Kejia Li (Second Respondent) Representation: D Lobasso (Self-represented) (Applicant) N Jin (Self-represented) (First Respondent) K Li (Self-represented) (Second Respondent) File Number(s): 2023/91028 Publication restriction: Nil

Judgment 1. COMMISSIONER: This is an application, pursuant to s 7 of Pt 2 of the Trees (Disputes Between Neighbours) Act 2006 (the Trees Act) by Dianne Beverly Lobasso who proposes that the Court orders the removal of trees located in an adjacent neighbouring property.