Fok v Leverett & anor [2016] NSWLEC 1499

Land and Environment Court New South Wales

Medium Neutral Citation: Fok v Leverett & anor [2016] NSWLEC 1499 Hearing dates: 24 October 2016 Date of orders: 24 October 2016 Decision date: 24 October 2016 Jurisdiction: Class 2 Before: Galwey AC Decision: The application is upheld. See orders at (14). Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS); damage; orders for pruning one tree. Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Category: Principal judgment Parties: Bill Fok (Applicant) Nigel Leverett (First Respondent) Erin Leverett (Second Respondent) Representation: Maria Fok, agent (Applicant) Nigel and Erin Leverett (Respondents) File Number(s): 199586 of 2016

Judgment

Background 1. Mr Fok ('the applicant') has applied to the Court pursuant to the Trees (Disputes Between Neighbours) Act 2006 ('the Trees Act') seeking orders for two neighbouring trees to be removed. 2. Mr Fok says the trees pose a risk of damage to his property and a risk of injury to people on the property. He is concerned about branches falling and about the height of the trees. He is concerned that one tree is on a slight lean toward his property. 3. Mr and Mrs Leverett ('the respondents') own the neighbouring property on which the trees grow. They do not wish to remove the trees. They say the trees provide shade, amenity and habitat, and that they reduce winds. They say they get arborists to inspect and prune the trees and to advise them of the trees' condition. They say they would remove the trees if they were convinced that was needed. 4. Neither party obtained expert evidence. Bringing my own arboricultural expertise and experience I inspected the trees during the onsite hearing. Such a ground-based inspection naturally provides a more limited assessment of the trees than a full aerial inspection.