Dumont v Kennedy

Land and Environment Court New South Wales Medium Neutral Citation: Dumont v Kennedy [2016] NSWLEC 1021 Hearing dates:29 January 2016Date of orders: 29 January 2016 Decision date: 29 January 2016 Jurisdiction:Class 2Before: Fakes C Decision: Application dismissed Catchwords: TREES [NEIGHBOURS] : Potential damage to property or injury Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Barker v Kryiakides [2007] NSWLEC 292 Freeman v Dillon [2012] NSWLEC 1057 Hinde v Anderson & anor [2009] NSWLEC 1148 Robson v Leischke [2008] NSWLEC 152; (2008) LGERA 280 Smith & Hannaford v Zhang & Zhou [2011] NSWLEC 29 Yang v Scerri [2007] NSWLEC 592 Category:Principal judgmentParties: Ms K Dumant (Applicant) Ms C Kennedy (Respondent) Representation: Applicant: Ms K Dumant (Litigant in person) Respondent: Ms C Kennedy (Litigant in person) File Number(s):20931 of 2015Judgment The applicant owns a property in Thornleigh. In the front garden of the adjoining property to the northeast is a copse of trees, many of which are likely to be remnants or seedlings of the original forest. One of these trees is a large, mature Angophora costata (Sydney Red Gum). Other trees include Syncarpia glomulifera (Turpentine), other Angophoras, a Eucalyptus sp. and other native and exotic trees. The applicant has applied under s 7 Part 2 of the Trees (Disputes Between Neighbours) Act 2006 (the Act) for orders seeking the removal of the Angophora closest to her property – identified as T2 in the diagram in the application claim form. These orders are sought on the basis that: branches...