Hepworth v Walker

Land and Environment Court New South Wales Medium Neutral Citation: Hepworth & anor v Walker [2014] NSWLEC 1248 Hearing dates:2 December 2014Decision date: 02 December 2014 Jurisdiction:Class 2Before: Fakes C Decision: Application upheldTree removal ordered Catchwords: TREES [NEIGHBOURS] Damage to property; injury; apportioning of costs Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Rural Fires Act 1997 Cases Cited: Black v Johnson (No 2) [2007] NSWLEC 513 Category:Principal judgmentParties: Mr P and Mrs K Hepworth (Applicants) Mrs G Walker (Respondent) Representation: Applicants: P & K Hepworth (Litigants in person) Respondent: G & L Walker (Litigants in person) File Number(s):20665 of 2014 JudgmentCOMMISSIONER: Both parties in this matter have resided on their Hornsby Heights properties since the early 1970s. The applicants have applied to the Court for orders seeking the removal of three Eucalyptus grandis (Flooded Gum) on the basis of actual damage and injury caused by falling branches from the trees as well as the potential for further damage or injury.The application is made under s 7 Part 2 of the Trees (Disputes Between Neighbours) Act 2006(the Act).The respondents do not oppose the removal of the trees.The key jurisdictional test in applications made under Part 2 of the Act is found in s 10(2). This states that the Court must not make an order unless it is satisfied that the tree concerned has caused, is causing, or is likely in the near future to cause, damage to the applicant's property or is likely to cause injury to any person. This...