Jin v Swaminathan [2024] NSWLEC 1106

Land and Environment Court New South Wales

Medium Neutral Citation: Jin v Swaminathan [2024] NSWLEC 1106 Hearing dates: 25 October 2023 Date of orders: 12 March 2024 Decision date: 12 March 2024 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 to neighbouring property – whether the respondents' trees have caused damage – application refused Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, ss 4, 7, 10, 12, Pt 2 Cases Cited: Barker v Kyriakides [2007] NSWLEC 292 Hendry v Olsson [2010] NSWLEC 1302 Category: Principal judgment Parties: Lijuan Jin (Applicant) Ishwarya Swaminathan (Respondent) Representation: Counsel: L Jin (Self-represented) (Applicant) R Swaminathan (Agent) (Respondent) File Number(s): 2023/253029 Publication restriction: Nil

Judgment

Background 1. COMMISSIONER: Lijuan Jin (the applicant) lives at her Carlingford property. A timber paling fence runs along the common boundary dividing her property from the neighbouring property belonging to Ishwarya Swaminathan (the respondent). Several small trees grow on Ms Swaminathan's property near the fence. Ms Jin claims that the trees have damaged parts of her property: a clothesline, a lattice screen, the timber fence, and a concrete path between her dwelling and the fence. She claims the trees made her path slippery, causing her to fall over and seriously injure herself. Ms Jin 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 trees to be removed, and for the respondent to repair or pay for repairs to her property. 2. The onsite hearing allowed the Court to inspect the trees and both properties. The applicant was self-represented, supported by her daughter. The respondent was represented by her father.