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Clough v Breen (No. 6) [2024] NSWSC 1634
The Court made permanent and varied interlocutory easement orders between neighbours, required CCTV audio to be disabled, and set a $161,500 gross sum costs order.
Sinclair v Savage [2024] NSWLEC 1672
Class 2 tree-dispute application refused because the hedge was not found to severely obstruct sunlight to the applicant’s windows.
Sayigh v Rallis [2024] NSWLEC 1666
Neighbouring tree dispute in which the Court ordered removal of a gum tree, compensation for damage to a trampoline, and replacement planting.
The Owners – Strata Plan No 17467 v The Owners – Strata Plan No 22319 [2024] NSWLEC 1596
The Court refused tree removal and retaining wall repair orders, but ordered pruning of T2 to remove overextended branches above the applicant's property.
Xu v Johns [2024] NSWLEC 33
The Court dismissed a second tree-dispute application as an abuse of process, holding the applicants were barred by res judicata, issue estoppel and Anshun estoppel.
Cattanach v Butler [2023] NSWLEC 1805
The Court found the respondent’s trees caused damage to neighbours’ property and ordered apportioned repair and compensation, with access and timing conditions.
Ward v Herkelman [2023] NSWCATCD 146
The Tribunal found the existing boundary fence was insufficient and ordered its demolition and replacement with a Colorbond fence, with costs shared equally.
Yan v Khanaly [2023] NSWLEC 1006
Tree-dispute application refused: the applicant failed to prove the respondents' trees had caused, or were likely soon to cause, actionable damage or injury.
O’Mullane v Wehbe [2022] NSWLEC 1604
Tree-dispute application refused: the applicant did not prove actual or likely near-future damage, and ordinary debris and maintenance burdens were insufficient.
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.
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