Chambers v Hall [2019] NSWLEC 1461

Land and Environment Court New South Wales

Medium Neutral Citation: Chambers v Hall [2019] NSWLEC 1461 Hearing dates: 26 September 2019 Date of orders: 26 September 2019 Decision date: 26 September 2019 Jurisdiction: Class 2 Before: Galwey AC Decision: The application is refused. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – zoning of the land – damage – fig trees planted near boundary – trees are restricting use of the land – whether trees are causing damage to the applicant's property Legislation Cited: Ballina Local Environmental Plan 2012 Trees (Disputes Between Neighbours Act) 2006 (NSW) Cases Cited: Robson v Leischke (2008) 72 NSWLR 98; (2008) 159 LGERA 280; [2008] NSWLEC 152 Schutz v Kotsis [2010] NSWLEC 1332 Category: Principal judgment Parties: Tracy Chambers (Applicant) Eric Hall (First Respondent) Mary-Ann Hall (Second Respondent) Representation: T Chambers, litigant in person (Applicant) E Hall, litigant in person (First Respondent) M Hall, litigant in person (Second Respondent) File Number(s): 2019/183704 Publication restriction: No

Judgment

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

The application 1. Tracy Chambers ('the applicant') has applied to the Court, pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 (NSW) ('the Trees Act'), seeking orders for three fig trees to be removed. The three Weeping Figs (Ficus benjamina) ('the trees') are planted on the neighbouring property owned by Mary-Ann and Eric Hall ('the respondents').