Green v The Owners – Strata Plan No 16846 [2019] NSWLEC 1500

Land and Environment Court New South Wales

Medium Neutral Citation: Green v The Owners – Strata Plan No 16846 [2019] NSWLEC 1500 Hearing dates: 16 October 2019 Date of orders: 16 October 2019 Decision date: 16 October 2019 Jurisdiction: Class 2 Before: Galwey AC Decision: See orders at [30]. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – damage and injury – debris – roof gutter damaged – no evidence of root damage – deadwood – orders for pruning Legislation Cited: Trees (Disputes Between Neighbours Act) 2006 (NSW) Cases Cited: Barker v Kyriakides [2007] NSWLEC 292 Texts Cited: AS4373:2007 'Pruning of amenity trees' Safe Work Australia (2016) 'Guide to managing risks of tree trimming and removal work' Category: Principal judgment Parties: Belinda Green (Applicant) The Owners – Strata Plan No 16846 (Respondent) Representation: B Green (Litigant in person) (Applicant) M Sardelich (Agent) (Respondent) File Number(s): 2019/205860 Publication restriction: No

Judgment

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

The application 1. Belinda Green ('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 relating to a tree on neighbouring land in Port Macquarie belonging to the owners of Strata Plan No 16846 ('the respondents'). Specifically, she seeks: * Removal of a Swamp Mahogany tree at the respondents' expense * Costs of making the application. 1. Commissioners of the Court may not order costs, so Ms Green would need to file a Notice of Motion to be heard by a Judge or the Registrar of the Court should she wish to pursue that.