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Trees disputes between neighbours

Parsons v Barbaro

Neighboring-tree dispute over bamboo and claimed pipe, fence, sunlight, and view impacts was dismissed for insufficient proof and lack of statutory thresholds.

  • Damage caused by trees
  • Risk of future damage
  • Risk of injury
  • Obstruction of sunlight
  • Obstruction of views
  • Bamboo hedge
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Environment and planning

Daniels v Peers

Neighbour-tree dispute under the Trees Act: removal of three palms refused, but annual pruning orders were made for a juniper hedge to prevent future severe view obstruction.

  • Trees (disputes between neighbours) act 2006 (nsw)
  • Damage or injury caused by trees
  • Severe obstruction of view
  • Hedge pruning orders
  • Residential zoning jurisdiction
  • Trees-disputes-between-neighbours
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Land and environment court

Cox v Halasz

The Court found a Norfolk Island pine caused significant damage to a retaining wall and ordered access, repairs, and apportioned compensation.

  • Damaged retaining wall
  • Tree roots causing property damage
  • Apportionment of costs
  • Access for remedial works
  • Compensation orders
  • Tree-roots-damage
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Planning and environment

Zhu v Hergol Holdings Pty Ltd

The Court made consent orders requiring the respondent to remove two trees, arrange an arborist, grant access, and pay $2,640 compensation for roof damage.

  • Trees (disputes between neighbours) act 2006
  • Tree removal
  • Property damage by trees
  • Conciliation conference
  • Compensation for damage
  • Trees-disputes-between-neighbours-act
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Environment and planning

The Owners – Strata Plan No 52378 v Huang

The Court held a strata owners corporation could apply under Pt 2A and made tree-removal and pruning orders for severe sunlight and view obstruction.

  • Trees (disputes between neighbours) act 2006 pt 2a
  • Severe obstruction of sunlight
  • Severe obstruction of view
  • Strata owners corporation standing
  • Tree removal and pruning orders
  • Ongoing hedge maintenance
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Environmental law

Ward v Fotu-Moala

Ward v Fotu-Moala [2025] NSWLEC 1032

The Court found a Norfolk Island pine caused driveway and fence damage and could damage a dwelling soon. It ordered tree removal, repairs, and apportionment of driveway costs.

  • Tree root damage
  • Boundary disputes
  • Remedies
  • Tree removal
  • Compensation
  • Jurisdiction under trees act
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Environmental law

Sader v Hunt

Sader v Hunt [2025] NSWLEC 1026

Tree dispute application dismissed after the Court found no severe obstruction of sunlight or views and no sufficient reasonable effort to reach agreement.

  • Trees (disputes between neighbours) act 2006
  • Obstruction of sunlight
  • Obstruction of views
  • Reasonable effort to resolve disputes
  • Tree-disputes
  • Obstruction-of-sunlight
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Environmental law

Yam v Tavakoli

Yam v Tavakoli [2024] NSWLEC 1781

A Class 2 tree dispute resulted in orders to remove a large blackbutt tree, subject to any non-EP&A or Heritage Act consents, because it posed injury and damage risks.

  • Tree disputes
  • Trees (disputes between neighbours) act 2006 pt 2
  • Consent requirements under environmental and heritage statutes
  • Risk of damage or injury from trees
  • Tree removal orders
  • Threatened species and biodiversity
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Property law

Mirzaee-Amirabad v Wang

Mirzaee-Amirabad v Wang [2024] NSWLEC 1744

The Court partly upheld a neighbour tree dispute, ordering inspection and pruning of Tree 1 and replacement of a dividing fence, but refusing removal of the trees.

  • Trees (disputes between neighbours) act 2006
  • Dividing fences act 1991
  • Fencing contributions
  • Tree-related property damage
  • Neighbour-disputes
  • Tree-damage
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Property law

Kacarovski v Stewart

Kacarovski v Stewart [2024] NSWLEC 1725

The Court partly allowed a tree and fence dispute, awarding limited compensation for roof-related damage, ordering a new boundary fence, and requiring annual hedge pruning.

  • Trees (disputes between neighbours)
  • Dividing fences
  • Compensation for property damage
  • Hedge obstruction
  • Jurisdictional requirements under trees act
  • Apportionment of fence costs
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Australia decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.