Rogerson v Dean & anor [2017] NSWLEC 1209

Land and Environment Court New South Wales

Medium Neutral Citation: Rogerson v Dean & anor [2017] NSWLEC 1209 Hearing dates: 19 April 2017 Date of orders: 24 April 2017 Decision date: 24 April 2017 Jurisdiction: Class 2 Before: Fakes AC Decision: Pruning ordered see [21] Catchwords: TREES [NEIGHBOURS] Damage, potential injury; sudden limb failure Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Huggett & anor v Burrowes [2015] NSWLEC 1057 Category: Principal judgment Parties: Susan Rogerson (Applicant) John and Judith Dean (Respondents) Representation: Applicant: Susan Rogerson (Litigant in person) Respondents: John and Judith Dean (Litigants in person) File Number(s): 20292 of 2017

judgment 1. COMMISSIONER: The applicant has applied under s 7 Part 2 of the Trees (Disputes Between Neighbours) Act 2006 (Trees Act) for orders seeking the removal or pruning of a Corymbia citriodora (Lemon-scented Gum) growing at the rear of the adjoining property. The orders are sought on the basis that the tree has caused, and could in the near future cause damage to the applicant's property or could cause injury to any person. Given previous failures of large green branches from the tree onto her property, the applicant is particularly concerned for the safety of her family and visitors. 2. The respondents, who planted the tree about 35 years ago, value the tree for the shade and amenity it affords their property and for the wildlife it supports. They oppose removal of the tree but would agree to pruning on the proviso that any pruning of the tree will not lead to further failures of the tree.