Everett v Munro [2020] NSWLEC 1173

Land and Environment Court New South Wales

Medium Neutral Citation: Everett v Munro [2020] NSWLEC 1173 Hearing dates: 13 February 2020 Date of orders: 13 February 2020 Decision date: 13 February 2020 Jurisdiction: Class 2 Before: Douglas AC Decision: The Orders of the Court are: The application is dismissed. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – overhanging branches – risk of injury Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Barker v Kyriakides [2007] NSWLEC 292 McPherson v Lake [2017] NSWLEC 1081 Robson v Leischke (2008) 72 NSWLR 98; [2008] NSWLEC 152 Yang v Scerri [2007] NSWLEC 592 Texts Cited: AS4373:2007 (Pruning of Amenity Trees) Category: Principal judgment Parties: Regan James Everett (Applicant) Peter Munro (First Respondent) Ruth Munro (Second Respondent) Representation: R Everett (Litigant in Person) (Applicant) P Munro (Litigant in Person) (Respondent) File Number(s): 2019/315927 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 Everett of Baulkham Hills, relating to a Wallangarra White Gum (Eucalyptus scoparia) (the tree) located in the adjacent neighbouring property.

Onsite hearing 1. Mr Everett, the applicant, and Mr Munro, the first respondent, attended the hearing. 2. The tree is located in the rear yard of Mr Munro's property, about two metres from the common boundary. This boundary runs approximately north-south, and is delineated by a metal panel fence. 3. The tree is mature, and stands approximately 13 metres tall. The trunk and major branch scaffold are above Mr Munro's yard, but it is leaning towards the common boundary, and two branches in particular, extend over Mr Everett's rear yard by about seven metres.