Fu v Leung [2025] NSWLEC 1067

Land and Environment Court New South Wales

Medium Neutral Citation: Fu v Leung [2025] NSWLEC 1067 Hearing dates: 16 September 2024 Date of orders: 11 February 2025 Decision date: 11 February 2025 Jurisdiction: Class 2 Before: Douglas AC Decision: The Court orders: (1) The application to prune the tree is granted. (2) The applicant is to engage and pay for a suitably qualified and experienced arborist (minimum Australian Qualification Framework (AQF) level 3) with all relevant insurances to prune branches overhanging the applicant's land to appropriate branch collars near the common boundary. Some final pruning cuts will be above the applicant's land in order to preserve live, sound ascending branches from which the overhanging branches extend. Other final pruning cuts may be above the respondent's land. Upon completion of the pruning, the arborists shall remove all debris from the pruning from the respondent's land. (3) The works in Order (2) shall be completed within 60 days of the date of these orders and during reasonable daytime working hours. (4) All pruning shall comply with AS4373:2007, Pruning of amenity trees, and the Safe Work Australia, Guide to Managing Risks of Tree Trimming and Removal Work, 2016. (5) The arborists will likely need to access the tree from the respondent's land. The respondent shall provide all reasonable access to his property for undertaking the works upon receipt of at least 72 hours' notice from the applicant by email, advising the date and approximate start time. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – damage to dwelling roof – significant s 12 considerations – pruning ordered at applicant's cost Legislation Cited: Environmental Planning and Assessment Act 1979 Trees (Disputes between Neighbours) Act 2006 Pt 2: s7, s8, s9 s10, s12 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2, Pt 2.3 Cases Cited: Black v Johnson (No 2) [2007] NSWLEC 513 McPherson v Lake [2017] NSWLEC 1081 Robson v Leischke (2008) 72 NSWLR 98; [2008] NSWLEC 152 Yang v Scerri [2007] NSWLEC 592 Texts Cited: AS 4373:2007. Pruning of amenity trees AS 4970:2009, Protection of tree on development sites Parramatta Development Control Plan 2023 Safe Work Australia, Guide to Managing Risks of Tree Trimming and Removal Work 2016 Category: Principal judgment Parties: Shanlin Fu (Applicant) Hubert Leung (Respondent) Representation: S Fu (Self represented) (Applicant) H Leung (Self represented) (Respondent) File Number(s): 24/260331 Publication restriction: Nil