Beard v Cash [2019] NSWLEC 1543

Land and Environment Court New South Wales

Medium Neutral Citation: Beard v Cash [2019] NSWLEC 1543 Hearing dates: 1 November 2019 Date of orders: 01 November 2019 Decision date: 01 November 2019 Jurisdiction: Class 2 Before: Galwey AC Decision: See orders at [26] below Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – damage – risk of damage or injury – orders for pruning Legislation Cited: Trees (Disputes Between Neighbours Act) 2006 (NSW) Cases Cited: Hepworth v Walker [2014] NSWLEC 1248 Huggett v Burrowes [2015] NSWLEC 1057 Yang v Scerri [2007] NSWLEC 592 Texts Cited: AS4373:2007 'Pruning of amenity trees' Safe Work Australia (2016) 'Guide to managing risks of tree trimming and removal work' Sutherland Shire Development Control Plan 2015 Category: Principal judgment Parties: Gregory Beard (First Applicant) Geraldine Beard (Second Applicant) Darren Cash (First Respondent) Brigitte Cash (Second Respondent) Representation: G Beard (Litigant in person) (First Applicant) G Beard (Litigant in person) (Second Applicant) D Cash (Litigant in person) (First Respondent) B Cash (Litigant in person) (Second Respondent) File Number(s): 2019/263558 Publication restriction: No

Judgment

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

The application 1. A tall gum tree ('the tree') grows on the Gymea Bay property of Darren and Brigitte Cash ('the respondents') between their dwelling and the neighbouring dwelling belonging to Gregory and Geraldine Beard ('the applicants'). The Beards have applied to the Court pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 (NSW) ('the Trees Act') seeking orders for the tree to be removed.