Stewart & anor v Ayoub & anor [2017] NSWLEC 1603

Land and Environment Court New South Wales

Medium Neutral Citation: Stewart & anor v Ayoub & anor [2017] NSWLEC 1603 Hearing dates: 27 July 2017 Date of orders: 31 October 2017 Decision date: 31 October 2017 Jurisdiction: Class 2 Before: Galwey AC Decision: The application is upheld. See orders at paragraph 19. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS); damage to a fence, risk of damage or injury; further inspection required; orders for pruning and inspection; order for application to Council; order for fence repair. Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Barker v Kyriakides [2007] NSWLEC 292 Yang v Scerri [2007] NSWLEC 592 Category: Principal judgment Parties: Renee Stewart (First Applicant) Michelle Stewart (Second Applicant) Sohair Zaki Ayoub (First Respondent) Magdy Hanna Ayoub (Second Respondent) Representation: Renee Stewart and Michelle Stewart, Litigants in Person (Applicants) Nevine Youssef, agent (Respondents) File Number(s): 151071 of 2017 Publication restriction: No

Judgment

Background 1. In the back corner of a Campbelltown property belonging to Mr and Mrs Ayoub ('the respondents'), a Sydney Blue Gum ('the tree') stands some 25 metres tall and spreads over the back gardens of at least four properties. 2. Mrs Stewart and her daughter Ms Stewart ('the applicants') own the property behind the Ayoubs'. They have been asking the Ayoubs to remove the tree, for reasons outlined below. The Ayoubs have not removed the tree, so the Stewarts have 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 removed and for the fence on their common boundary to be repaired.