Withford v Moran [2014] NSWLEC 1261

Land and Environment Court New South Wales

Medium Neutral Citation: Withford v Moran [2014] NSWLEC 1261 Hearing dates: 17 December 2014 Decision date: 17 December 2014 Jurisdiction: Class 2 Before: Galwey AC Decision: The application is upheld. See orders at paragraph (11). Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS); risk of damage and injury; application upheld; orders for pruning. Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Category: Principal judgment Parties: John Withford (Applicant)

Joyce Moran (Respondent) Representation: John Withford, litigant in person (Applicant)

Paul & Jennifer Phillips, agents (Respondent) File Number(s): 20667 of 2014

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

Background 1The leafy Sydney suburb of Beecroft has tall trees growing between and above residential dwellings. Many of the trees are native to the area and are part of the "Blue Gum High Forest" ecological community. 2Mr Withford ("the applicant") has lived at his Beecroft property since 1971. In that time, a neighbouring tree that overhangs his property has, he says, frequently dropped limbs onto his property. Through several letters, the first in 2010, he has asked his neighbour Ms Moran ("the respondent"), who owns the property on which the tree grows, to prune that part of the crown that overhangs his property. Branches above his property have not been pruned. Concerned about the possibility of falling branches causing damage or injury, he has applied to the Court, pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 ("the Trees Act") seeking orders for the tree to be pruned now and at regular intervals. 3Ms Moran has recently moved into a nursing home. Her daughter and son-in-law, Mr and Mrs Phillips, represented her at the hearing. 4Ms Moran's property was successfully auctioned on 29 November, with final settlement scheduled for 15 January.