Fu v Leung [2025] NSWLEC 1067

Fu v Leung [2025] NSWLEC 1067

The tree caused damage to the applicant’s property and posed a risk of further damage and some risk of injury; pruning is ordered. However, as the applicant constructed a dwelling under the mature tree and failed to adequately protect the tree’s roots during construction, he contributed to the risk. Therefore, the applicant is responsible for engaging and paying for qualified arborists to prune the relevant branches.

Parties
Applicant: Shanlin Fu; Respondent: Hubert Leung
Jurisdiction
Australia
Judgment Date
11 February 2025
Procedural Posture
Trees (disputes Between Neighbours) Act 2006 Class 2 Application / Judgment and Final Orders
Outcome
Application granted in part, with cost of pruning to be borne by applicant
Legal Topics
Trees (disputes Between Neighbours), Pruning, Damage to Property, Risk of Injury, Apportionment of Costs
Property Law Environmental Law Trees (disputes Between Neighbours) Pruning Damage to Property Risk of Injury Apportionment of Costs

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Parties

Shanlin Fu

Applicant

Hubert Leung

Respondent

Procedural Posture

Trees (disputes Between Neighbours) Act 2006 Class 2 Application / Judgment and Final Orders

Legal Issues

  1. 1 Whether the tree caused, is causing, or is likely to cause damage to the applicant's property
  2. 2 Whether the tree is likely to cause injury to any person
  3. 3 Whether orders for pruning should be made under the Trees (Disputes between Neighbours) Act 2006

Ratio Decidendi

The tree caused damage to the applicant’s property and posed a risk of further damage and some risk of injury; pruning is ordered. However, as the applicant constructed a dwelling under the mature tree and failed to adequately protect the tree’s roots during construction, he contributed to the risk. Therefore, the applicant is responsible for engaging and paying for qualified arborists to prune the relevant branches.

Court Disposition

Application granted in part, with cost of pruning to be borne by applicant

Orders

  • The application to prune the tree is granted.
  • The applicant is to engage and pay for a suitably qualified and experienced arborist (AQF level 3 or above) to prune branches overhanging the applicant's land as specified.