Huggett v Burrowes

Land and Environment Court New South Wales Medium Neutral Citation: Huggett & anor v Burrowes [2015] NSWLEC 1057 Hearing dates:18 March 2015Date of orders: 18 March 2015 Decision date: 18 March 2015 Jurisdiction:Class 2Before: Fakes C Decision: Application upheld – tree removal ordered see [16] Catchwords: TREES [NEIGHBOURS] Potential damage or injury Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Yang v Scerri [2007] NSWLEC 592 Category:Principal judgmentParties: Claude and Janet Huggett (Applicants) Geoff Burrowes (Respondent) Representation: Counsel: Applicants: C & J Huggett (Litigants in person) Respondent: G Burrowes (Litigant in person) Solicitors: File Number(s):21029 of 2014JudgmentThis decision was given as an extemporaneous decision. It has been revised and edited prior to publication. COMMISSIONER: The owners of a property in Dubbo have applied under s 7 Part 2 of the Trees (Disputes Between Neighbours) Act 2006 (the Act) for orders seeking the removal of a Lemon-scented Gum growing on an adjoining property. The applicants also seek reimbursement of the costs associated with the making of the application. The orders are sought on the basis that limbs have fallen from the tree into the applicants’ property and while no significant damage or any injury has occurred thus far, the applicants are concerned about future damage or injury that may arise from further branch drop or tree failure. The respondent does not oppose removal but only on the basis that the tree is found to be a danger. In regards to the reimbursement of the application filing fee, Commissioners do...