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Property law

Fu v Leung

Fu v Leung [2025] NSWLEC 1067

The Court ordered pruning of an overhanging tree after branch-fall damage and some injury risk, but required the applicant to pay because his dwelling was built under the tree.

  • Trees (disputes between neighbours)
  • Pruning
  • Damage to property
  • Risk of injury
  • Apportionment of costs
  • Trees-disputes-between-neighbours
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['environmental law' 'tree disputes' 'neighbour disputes']

Michaels v Lei

Michaels v Lei [2023] NSWLEC 1168

The Court refused a tree-dispute application about overhanging branches, debris, and injury risk, finding no actionable damage and only ordinary maintenance burden.

  • ['trees (disputes between neighbours) act 2006' 'damage to property' 'risk of injury' 'reasonable effort to reach agreement' 'reasonable maintenance' 'overhanging branches' 'pruning' 'compensation']
  • Tree-disputes
  • Neighbor-disputes
  • Overhanging-branches
  • Property-damage
  • Risk-of-injury
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Environment and planning

Cuschieri v Fishburn

The Court refused a trees dispute application, finding termite damage was not shown to be caused by the neighbours’ trees and sunlight obstruction was not severe.

  • Trees (disputes between neighbours) act 2006
  • Damage caused by trees
  • Termite damage
  • Overshadowing
  • Obstruction of sunlight
  • Maintenance and pruning
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['environmental law' 'neighbour disputes']

Welladsen v Warren

Welladsen v Warren [2021] NSWLEC 1081

The Land and Environment Court refused a tree-dislpute application because the overhanging branches did not create a sufficient risk of damage or injury.

  • ['trees (disputes between neighbours)' 'risk of damage from overhanging branches' 'pruning and maintenance of trees']
  • Tree-disputes-between-neighbours
  • Overhanging-branches
  • Pruning
  • Fire-risk
  • Neighbour-disputes
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Property law

Ricco, Gerardo v Ricco, Luigi

Ricco, Gerardo v Ricco, Luigi [2020] NSWLEC 1626

The Court ordered shared replacement of a dilapidated boundary fence and limited pruning of trees causing or likely to cause damage, but rejected broad boundary-line pruning.

  • Trees on boundaries
  • Dividing fences
  • Pruning
  • Damage to property
  • Trees-on-boundaries
  • Dividing-fences
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['property law' 'environmental law']

Everett v Munro

Everett v Munro [2020] NSWLEC 1173

Tree dispute application dismissed: overhanging branches and leaf litter were not actionable damage, and the risk of injury from branch drop was low.

  • ['trees (disputes between neighbours)' 'overhanging branches' 'risk of injury' 'remedies under trees act']
  • Tree-disputes-between-neighbours
  • Overhanging-branches
  • Leaf-litter
  • Risk-of-injury
  • Pruning
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['trees disputes between neighbours' 'land and environment']

Letsios v Thind

Letsios v Thind [2019] NSWLEC 1356

The Land and Environment Court refused a neighbour-tree application because the hedge did not severely obstruct views or sunlight from the applicant’s windows.

  • ['hedge' 'obstruction of sunlight' 'obstruction of views' 'neighbouring trees' 'pruning']
  • Neighbour-tree-disputes
  • Obstruction-of-sunlight
  • Obstruction-of-views
  • Hedges
  • Pruning
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Environmental law

Le Bron v Chidiac

Le Bron v Chidiac [2019] NSWLEC 1194

The Court ordered removal of a Monterey Cypress causing fence damage and annual deadwooding of an overhanging Sydney Blue Gum where there was some injury risk.

  • Nuisance
  • Tree removal
  • Maintenance responsibility
  • Risk of injury
  • Damage to property
  • Tree-disputes
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Property law

Bao v Mylonas

Bao v Mylonas [2017] NSWLEC 1216

The Court upheld a neighbour-tree application about bamboo causing fence displacement and severe sunlight obstruction, ordering fence work and annual pruning.

  • Neighbour disputes
  • Tree disputes
  • Obstruction of sunlight
  • Damage to fence
  • Orders for fence replacement
  • Pruning
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['property law' 'environmental law']

Gough v O’Sullivan

Gough v O’Sullivan [2016] NSWLEC 1178

The Court found likely future injury risk from two trees but refused removal or wholesale pruning, ordering only aerial inspection and deadwood pruning.

  • ['tree disputes between neighbours' 'pruning' 'removal of trees' 'jurisdictional tests' 'deadwood removal']
  • Tree-disputes-between-neighbours
  • Pruning
  • Tree-removal
  • Deadwood-removal
  • Jurisdictional-tests
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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.