Sund v Bailey [2019] NSWLEC 1166

Land and Environment Court New South Wales

Medium Neutral Citation: Sund v Bailey [2019] NSWLEC 1166 Hearing dates: 21 February 2019; 1 April 2019 Date of orders: 01 April 2019 Decision date: 01 April 2019 Jurisdiction: Class 2 Before: Douglas AC Decision: See orders at [50] Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS): damage to property – apprehension of injury – views Legislation Cited: Environmental Planning and Assessment Act 1979 Heritage Act 1977 Trees (Disputes Between Neighbours) Act 2006 Uniform Civil Procedures Rules 2005 Cases Cited: Ashworth v Joyce [2007] NSWLEC 357 Haindl v Daisch [2011] NSWLEC 1145 Reuben v Lace [2010] NSWLEC 1024 Robson v Leischke [2008] NSWLEC 152 Wisdom v Payne [2011] NSWLEC 1012 Yang v Scerri [2007] NSWLEC 592 Texts Cited: NSW Workcover Code of Practice for the Amenity Tree Industry (1998) Category: Principal judgment Parties: Matthew Sund (First Applicant) Megan Sund (Second Applicant) Noel Bailey (First Respondent) Maryanne Bailey (Second Respondent) Representation: Counsel: L Nurpuri (Respondents)

Solicitor: WMD Law (Respondents)

Other: M and M Sund, self-represented (Applicants) File Number(s): 2018/328970 Publication restriction: No

Judgment

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1. COMMISSIONER: This is an application, pursuant to s 7 of Part 2 of the Trees (Disputes between Neighbours) Act 2006 (the Act) by Mr and Mrs Sund of Yowie Bay, which relates to a dead Scribbly Gum (Eucalyptus racemosa) (the tree) in the front yard of the adjacent neighbouring property, and also, under s 14 B of Part 2A of the Act, to a hedge located in the rear yard.