Perry v Griffiths

Land and Environment Court New South Wales Medium Neutral Citation: Perry v Griffiths [2016] NSWLEC 1357 Hearing dates:26 August 2016Date of orders: 26 August 2016 Decision date: 26 August 2016 Jurisdiction:Class 2Before: Fakes C Decision: Application dismissed Catchwords: TREES [NEIGHBOURS] Potential damage to property and or injury; jurisdiction; adjoining land Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Category:Principal judgmentParties: Mr H Perry (Applicant) Mr R Griffiths (Respondent) Representation: Applicant: Mr H Perry (Litigant in person) Respondent: Mr R Griffiths (Litigant in person) File Number(s):151283 of 2016Judgment COMMISSIONER: The applicant is concerned that overhanging branches of a Sydney Blue Gum growing on the respondent’s property may fall and cause damage to his dwelling or injury to anyone on his property. He has applied under s 7 Part 2 of the Trees (Disputes Between Neighbours) Act 2006 (the Trees Act) for orders seeking the removal of those overhanging branches. Section 7 of the Trees Act enables an owner of land to apply to the Court for an order to remedy, restrain or prevent damage to property on the applicant’s land, or to prevent injury to any person, as a consequence of a tree to which the Act applies that is situated on adjoining land. The tree the subject of the application is a mature Eucalyptus saligna (Sydney Blue Gum) growing at the rear of the respondent’s property. The applicant’s property is across a creek and to the northwest of the respondent’s property. The diagram in the application claim form illustrates the...