Papadopoulos v Chun

Land and Environment Court New South Wales Medium Neutral Citation: Papadopoulos v Chun & anor [2016] NSWLEC 1063 Hearing dates:23 February 2016Date of orders: 23 February 2016 Decision date: 23 February 2016 Jurisdiction:Class 2Before: Fakes C Decision: Application granted in part; pruning ordered see [23] Catchwords: TREES [NEIGHBOURS] Potential damage and or injury; debris 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: Mr T Papadopoulos (Applicant) Mr P Chun and Ms C Metcalfe (Respondents) Representation: Applicant: Mr T Papadopoulos (Litigant in person) Respondents: Mr P Chun and Ms C Metcalfe (Litigants in person) File Number(s):21107 of 2015Judgment COMMISSIONER: This is an application pursuant to s7 Part 2 of the Trees (Disputes Between Neighbours) Act 2006 (the Act) made by the owner of a property in Gladesville against the owners of a tree growing on an adjoining property. The applicant is seeking orders for the removal of all branches of a mature Eucalyptus saligna (Sydney Blue Gum) which overhang his property. These orders are sought on the basis of his concerns that part of the tree is hollow and that branches may fall from the tree and damage his property or injure members of his family. He is also concerned that debris...