Collins v Rice [2018] NSWLEC 1238

Land and Environment Court New South Wales

Medium Neutral Citation: Collins v Rice [2018] NSWLEC 1238 Hearing dates: 16 May 2018 Date of orders: 16 May 2018 Decision date: 16 May 2018 Jurisdiction: Class 2 Before: Galwey AC Decision: The application is upheld – see orders at [12] Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – damage to property – injury – tree with a history of falling limbs Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 (NSW) Cases Cited: Yang v Scerri [2007] NSWLEC 592 Category: Principal judgment Parties: John Collins (First Applicant) Heather Collins (Second Applicant) Kath Rice (Respondent) Representation: J Collins and H Collins, litigants in person (Applicants) K Rice, litigant in person (Respondent) File Number(s): 14759 of 2018 Publication restriction: No

Judgment

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

Background 1. Immediately behind the Lake Tabourie property of John Collins and Heather Collins ('the applicants') is a stand of native trees, mostly Bangalay (Eucalyptus botryoides). On four occasions since 2009 branches have fallen from one of the trees ('Tree 1') and damaged their clothesline, which has been replaced, and a vegetable garden. The most recent damage occurred in December 2017. The Collins are concerned that more limbs will fall from the tree, and are also concerned about a second tree ('Tree 2') that grows against the boundary fence and leans over their property. They have applied to the Court, pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 (NSW) ('the Trees Act'), seeking orders for their neighbour Kath Rice ('the respondent') to remove both trees on the grounds that they are likely to cause damage and injury. They do not claim compensation.