Hui v Gu [2021] NSWLEC 1335

Hui v Gu [2021] NSWLEC 1335

Minor damage caused by certain trees satisfies the jurisdictional test for orders regarding fence replacement and limited tree removal; reimbursement for survey costs appropriate as survey assisted resolution; broader claims for tree removals, medical expenses and compensation for injury unsupported by evidence and not within court's jurisdiction.

Jurisdiction
Australia
Judgment Date
31 May 2021
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Principal Judgment (final Orders Made)
Outcome
Application granted in part; other elements dismissed.
Legal Topics
['dividing Fences' 'tree Disputes' 'neighbourhood Disputes']
['property Law' 'environmental Law'] ['dividing Fences' 'tree Disputes' 'neighbourhood Disputes']

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Procedural Posture

Application Under Trees (disputes Between Neighbours) Act 2006 / Principal Judgment (final Orders Made)

Legal Issues

  1. 1 ["Whether trees on the respondents' property caused or are likely to cause damage to the applicant's property or injury to any person" 'Whether reasonable efforts to reach agreement were made' 'Entitlement to removal of trees and reimbursement of costs']

Ratio Decidendi

Minor damage caused by certain trees satisfies the jurisdictional test for orders regarding fence replacement and limited tree removal; reimbursement for survey costs appropriate as survey assisted resolution; broader claims for tree removals, medical expenses and compensation for injury unsupported by evidence and not within court's jurisdiction.

Court Disposition

Application granted in part; other elements dismissed.

Orders

  • ['Respondents to engage and pay for arborist to remove two specified trees (T2 and Canary Islands Date Palm) within 30 days.' 'Respondents to obtain fencing quote from B-Smart Fencing within 7 days.' 'Applicants to obtain fencing quote from RHS Fencing within 7 days.' 'Fencing works to include removal and...