Lancaster v Dwyer [2018] NSWLEC 1202

Land and Environment Court New South Wales

Medium Neutral Citation: Lancaster v Dwyer [2018] NSWLEC 1202 Hearing dates: 18 April 2018 Date of orders: 18 April 2018 Decision date: 18 April 2018 Jurisdiction: Class 2 Before: Galwey AC Decision: 1) The application is dismissed. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS); risk of damage or injury; respondent has carried out most of an arborist's recommendations. Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 (NSW) Cases Cited: Yang v Scerri [2007] NSWLEC 592 Category: Principal judgment Parties: Catherine Lancaster (Applicant) Robert Dwyer (Respondent) Representation: C Lancaster, litigant in person (Applicant) R Dwyer, litigant in person (Respondent) File Number(s): 17/376551 Publication restriction: Nil

Judgment

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

Background 1. Three tall pine trees grow in the rear yard of Mr Dwyer's Pearl Beach property. Branches have fallen from the trees in the past, damaging a pipe and a barbeque on Ms Lancaster's property. 2. Ms Lancaster (the applicant) is concerned that the trees will cause further damage in future, or injury, and has applied to the Court, pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 (NSW) ('the Trees Act'), seeking orders for Mr Dwyer (the respondent) to remove all three trees. In the alternative, she seeks pruning of the trees and regular ongoing inspections by an arborist.

Onsite hearing 1. The hearing took place onsite. I bring my own arboricultural experience and expertise to observations made at the hearing. The three pines appear to be in good health with fair structure. Two of the trees have bifurcated stems, with some bark included within the narrow forks, but there are no signs that these forks are likely to fail in the near future. The trees have been pruned recently. There are no signs of major defects within their crowns. Some deadwood remaining in the two trees furthest from Ms Lancaster's dwelling does not overhang her property.