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Australia Case Law

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Trees (disputes between neighbours)

Walker v Newling

Walker v Newling [2025] NSWLEC 1018

The Court granted neighbours’ application to remove a bamboo hedge that severely obstructed morning sunlight to three bedroom windows.

  • Obstruction of sunlight
  • Severe sunlight obstruction
  • Neighbouring hedge
  • Trees-disputes-between-neighbours
  • Sunlight-obstruction
  • Boundary-hedges
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Practice and procedure

Maurici v Kaldor

Maurici v Kaldor [2024] NSWLEC 121

The Court dismissed a motion seeking further “working out” orders about fence replacement and tree works, holding the proposed relief went beyond implementation.

  • Working out orders
  • Pruning or removal of trees
  • Finality of orders
  • Costs
  • Working-out-orders
  • Finality-of-orders
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Trees (disputes between neighbours)

Polycarpou v Mao

Polycarpou v Mao [2021] NSWLEC 1187

The Court found a neighbour’s tree caused damage to a boundary wall and concrete path and ordered rectification works, even though the tree had been removed.

  • Damage to property by trees
  • Rectification of property damage
  • Neighbour disputes
  • Tree-disputes-between-neighbours
  • Property-damage
  • Rectification-orders
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Trees (disputes between neighbours)

Wong v Bailey

Wong v Bailey [2012] NSWLEC 1232

The Court dismissed a tree dispute application because it was not satisfied the tree was likely to cause damage or injury in the near future.

  • Risk of damage
  • Risk of injury
  • Tree removal application
  • Tree-disputes-between-neighbours
  • Neighbour-disputes
  • Property-damage-risk
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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.