Taylor v Campbell [2023] NSWLEC 1730

Land and Environment Court New South Wales

Medium Neutral Citation: Taylor v Campbell [2023] NSWLEC 1730 Hearing dates: 22 November 2023 Date of orders: 22 November 2023 Decision date: 22 November 2023 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders: (1) The application is refused. (2) The exhibits are returned, other than Exhibit A. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2 application – damage and injury – likelihood of damage or injury not demonstrated Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, ss 7, 10 Cases Cited: Black v Johnson (No 2) [2007] NSWLEC 513 Texts Cited: Australian Standard, AS4373-2007 'Pruning of amenity trees' Category: Principal judgment Parties: Glenn Taylor (Applicant) Ron Campbell (Respondent) Representation: Counsel G Taylor (Self-represented) (Applicant) R Campbell (Self-represented) (Respondent) File Number(s): 2023/297993 Publication restriction: Nil

Judgment

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.

Background 1. COMMISSIONER: A mature forest red gum (Eucalyptus tereticornis) (the tree) grows near the back corner of the Scotts Head property belonging to Mr Campbell (the respondent). Part of the tree's crown overhangs the neighbouring property belonging to Mr Taylor (the applicant). 2. Mr Taylor has 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 tree to be pruned and for any roots extending into his property to be removed. 3. The hearing took place onsite, allowing the Court to inspect the tree, both properties, and the surrounding environment.