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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 law

Campbell v Brentin

Campbell v Brentin [2022] NSWLEC 1527

The Court ordered removal or pruning of selected trees, partial compensation for proven sewer and roof repairs, and limited fence repair in a neighbour tree dispute.

  • Tree disputes
  • Damage to property
  • Neighbour disputes
  • Compensation for damage
  • Tree-disputes
  • Neighbour-disputes
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Environmental law

Sabellano v Velevski

Sabellano v Velevski [2022] NSWLEC 1471

The Court found respondents’ trees caused sewer damage, ordered compensation, tree removal, and shared replacement of the boundary fence.

  • Tree disputes
  • Neighbour disputes
  • Damage to property
  • Compensation for damage
  • Dividing fences
  • Remedies
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Residential tenancies

Okazaki v Dickerson

Okazaki v Dickerson [2019] NSWCATCD 71

Residential tenancy claim partly succeeded: the Tribunal ordered tenants to pay $3,048.12 for damage to a bench top, two bedroom doors, and bathroom vanities.

  • Landlord's end of tenancy claim for compensation
  • Obligations to repair and maintain
  • Compensation for damage
  • Assessment of fair wear and tear
  • Rental bond applications
  • Residential-tenancies
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Property law

Wang v Van Niekerk

Wang v Van Niekerk [2018] NSWLEC 1316

The Court dismissed the building-damage and tree-removal claims, but ordered compensation for concrete uplift around roots and half the plumbing costs.

  • Tree disputes between neighbours
  • Damage to property
  • Compensation for damage
  • Neighbourhood disputes
  • Tree-disputes-between-neighbours
  • Property-damage
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Property law

Knight v Simmons

Knight v Simmons [2018] NSWLEC 1231

Tree-dispute application dismissed after the Court found no basis to order removal of the remaining eucalypt and no compensation for pruning or sewer repairs.

  • Tree disputes
  • Damage to property
  • Neighbour disputes
  • Compensation for damage
  • Jurisdictional requirements
  • Tree-disputes
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Property law

Fernandes v Vieira & anor

Fernandes v Vieira & anor [2017] NSWLEC 1092

Application for compensation for alleged tree-root damage to PVC pipes was dismissed because the applicant did not prove causation under the Trees Act.

  • Trees (disputes between neighbours)
  • Compensation for damage
  • Jurisdictional requirements
  • Evidence of causation
  • Tree-disputes-between-neighbours
  • Property-damage
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Property law

Duncan & anor v Osland

Duncan & anor v Osland [2013] NSWLEC 1136

The Court upheld a tree-removal application after a dead branch damaged a roof and the tree posed ongoing risk of further damage and injury.

  • Trees on adjoining properties
  • Damage to property
  • Compensation for damage
  • Removal of dangerous trees
  • Trees-on-adjoining-properties
  • Damage-to-property
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Property law

Taylor v Guttenberg

Taylor v Guttenberg [2013] NSWLEC 1045

The Court upheld a neighbour-tree application in part, awarding $685 compensation for clothesline damage and ordering pruning of the main overhanging limb.

  • Trees on adjoining land
  • Neighbour disputes
  • Compensation for damage
  • Pruning orders
  • Neighbour-tree-dispute
  • Compensation-for-property-damage
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Environmental law

Knox v Love (No 2)

Knox v Love (No 2) [2011] NSWLEC 1277

The Court found oak tree roots had caused some property damage and ordered limited root cutting, ongoing pruning, and $5,000 compensation, but refused tree removal.

  • Damage to property by trees
  • Compensation for damage
  • Causal nexus for liability
  • Tree root pruning orders
  • Tree-root-damage
  • Property-damage-compensation
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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.