Withford v Moran

Land and Environment Court New South Wales Medium Neutral Citation: Withford v Moran [2014] NSWLEC 1261 Hearing dates:17 December 2014Decision date: 17 December 2014 Jurisdiction:Class 2Before: Galwey AC Decision: The application is upheld. See orders at paragraph (11). Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS); risk of damage and injury; application upheld; orders for pruning. Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Category:Principal judgmentParties: John Withford (Applicant) Joyce Moran (Respondent) Representation: John Withford, litigant in person (Applicant) Paul & Jennifer Phillips, agents (Respondent) File Number(s):20667 of 2014 JudgmentThis decision was given as an extemporaneous decision. It has been revised and edited prior to publication.BackgroundThe leafy Sydney suburb of Beecroft has tall trees growing between and above residential dwellings. Many of the trees are native to the area and are part of the "Blue Gum High Forest" ecological community.Mr Withford ("the applicant") has lived at his Beecroft property since 1971. In that time, a neighbouring tree that overhangs his property has, he says, frequently dropped limbs onto his property. Through several letters, the first in 2010, he has asked his neighbour Ms Moran ("the respondent"), who owns the property on which the tree grows, to prune that part of the crown that overhangs his property. Branches above his property have not been pruned. Concerned about the possibility of falling branches causing damage or injury, he has applied to the Court, pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 ("the Trees Act") seeking orders for the tree to be...