Nott v Leung; Chu v Leung [2019] NSWLEC 1394

Land and Environment Court New South Wales

Medium Neutral Citation: Nott v Leung; Chu v Leung [2019] NSWLEC 1394 Hearing dates: 18 June 2019 Date of orders: 16 August 2019 Decision date: 16 August 2019 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders:

Proceedings 2019/55091

(1) The application to remove the tree is refused.

Proceedings 2019/55250

(1) The application to remove the tree is refused. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – two applications concerning one tree – whether there must be a dispute – council refused application to remove a tree – tree owner did not appeal council decision – risk of damage or injury – applicants have not demonstrated that the tree has damaged or is likely to damage property, or is likely to cause injury – arboricultural evidence not consistent with observations Legislation Cited: Civil Liability Act 2002 (NSW) Trees (Disputes Between Neighbours) Act 2006 (NSW) Cases Cited: Smith & Hannaford v Zhang & Zhou [2011] NSWLEC 29 Yang v Scerri [2007] NSWLEC 592 Texts Cited: New South Wales, Parliamentary Debates, Legislative Council, 18 May 2010 (Bob Debus) Parliamentary Counsel's Office (WA), How to read legislation, a beginner's guide (May 2011) Category: Principal judgment Parties: Proceedings 2019/55091

Murray Nott (First Applicant) Frances Lorraine Nott (Second Applicant) Kin-Chuen Leung (First Respondent) Wai Ching Leung (nee Ip) (Second Respondent) Hornsby Shire Council (Interested Party)