Stroud and Anor v CMZZJ Investments Pty Ltd [2025] NSWLEC 16

Stroud and Anor v CMZZJ Investments Pty Ltd [2025] NSWLEC 16

Section 4(4) of the Trees (Disputes Between Neighbours) Act 2006 (NSW), supported by its textual, contextual, and purposive interpretation as amended in 2010, permits an application for relief even if the tree had been removed prior to the application. Accordingly, an affected landowner may bring proceedings after tree removal, and summary dismissal is not warranted where triable issues remain.

Parties
Respondent on the Motion: John Stroud; Respondent on the Motion: Karine Akbar; Applicant on the Motion: CMZZJ Investments Pty Ltd (ACN 615 027 391)
Jurisdiction
Australia
Judgment Date
05 March 2025
Procedural Posture
Tree Dispute Application (class 2) / Interlocutory Motion Seeking Summary Dismissal
Outcome
Notice of motion seeking dismissal is dismissed.
Legal Topics
Tree Dispute, Statutory Interpretation, Summary Dismissal, Court Jurisdiction
Environment and Planning Tree Dispute Statutory Interpretation Summary Dismissal Court Jurisdiction

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Parties

John Stroud

Respondent on the Motion

Karine Akbar

Respondent on the Motion

CMZZJ Investments Pty Ltd (ACN 615 027 391)

Applicant on the Motion

Procedural Posture

Tree Dispute Application (class 2) / Interlocutory Motion Seeking Summary Dismissal

Legal Issues

  1. 1 Whether proceedings should be dismissed due to no reasonable cause of action under s 7 of the Trees (Disputes Between Neighbours) Act 2006 (NSW)
  2. 2 Whether the Trees Act applies when the tree was removed before the application was made

Ratio Decidendi

Section 4(4) of the Trees (Disputes Between Neighbours) Act 2006 (NSW), supported by its textual, contextual, and purposive interpretation as amended in 2010, permits an application for relief even if the tree had been removed prior to the application. Accordingly, an affected landowner may bring proceedings after tree removal, and summary dismissal is not warranted where triable issues remain.

Court Disposition

Notice of motion seeking dismissal is dismissed.

Orders

  • The notice of motion filed 6 June 2024 is dismissed.
  • Costs are reserved.