Hutchison v White [2018] NSWLEC 1594

Land and Environment Court New South Wales

Medium Neutral Citation: Hutchison v White [2018] NSWLEC 1594 Hearing dates: 23 October 2018 Date of orders: 25 October 2018 Decision date: 25 October 2018 Jurisdiction: Class 2 Before: Galwey AC Decision: See orders at [15] Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – damage to fence – risk of injury or damage – consent orders must be orders the Court would make Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 (NSW) Cases Cited: Yang v Scerri [2007] NSWLEC 592 Category: Principal judgment Parties: Troy Hutchison (First Applicant) Krysten Hutchison (Second Applicant) Michael White (First Respondent) Lynette White (Second Respondent) Representation: Solicitors: P Crennan, Crennan Legal (Applicants)

Other: M & L White, litigants in person (Respondents) File Number(s): 2018/200963 Publication restriction: No

Judgment

Background 1. Seven trees grow on the property of Lynette and Michael White ('the respondents') close to the common boundary they share with Troy and Krysten Hutchison ('the applicants'). A branch fell last year from one of the trees, damaging the Hutchisons' fence. They are concerned that other branches might fall onto their driveway, or the trees might fall and hit their dwelling. They asked the Whites to prune the trees, but when this was not done they applied to the Court pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 (NSW) ('the Trees Act'), seeking orders for the trees to be removed. Their application sought no compensation for damage. 2. Prior to the hearing the parties submitted proposed consent orders for the removal of all seven trees. Nevertheless, the Court must be satisfied that those orders can be made within the jurisdiction of the Trees Act, and that they are orders the Court might make when all relevant matters are considered. 3. The onsite hearing proceeded as listed on 23 October, allowing me to observe the trees and their surroundings. I bring my own arboricultural expertise and experience to this decision.