English v Dagg & anor [2015] NSWLEC 1392

Land and Environment Court New South Wales

Medium Neutral Citation: English v Dagg & anor [2015] NSWLEC 1392 Hearing dates: 23 September 2015 Date of orders: 23 September 2015 Decision date: 23 September 2015 Jurisdiction: Class 2 Before: Galwey AC Decision: The application is upheld. See orders at paragraph 20. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS); damage; injury; orders for tree removal. Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Category: Principal judgment Parties: Stephen English (Applicant) Gregory Dagg (First Respondent) Tracee Dagg (Second Respondent) Representation: Stephen English, litigant in person (Applicant) Gregory Dagg, litigant in person (Respondents) File Number(s): 20591 of 2015

Judgment

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

Background 1. During a storm in April 2015 two large branches fell from a neighbouring tree on to Mr English's New Lambton property, damaging an awning and roofing tiles on his dwelling. Mr English ('the applicant') has applied to the Court under Part 2 of the Trees (Disputes Between Neighbours) Act 2006 ('the Trees Act') seeking orders for the removal of three large trees within a neighbouring property, close to the common boundary. The property on which the trees stand has been owned by Greg and Tracee Dagg ('the respondents') for six years. Apart from removal of the trees, Mr English's application also sought compensation for the cost of repairing damage caused by the fallen limbs. However, as the likely outcome of these proceedings became clear during the hearing, and with some sympathy for the financial burden about to befall the Daggs, Mr English withdrew the compensatory element of his application.