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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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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

Panganis v NSW Department of Housing

Panganis v NSW Department of Housing [2024] NSWLEC 1848

Application under the Trees (Disputes Between Neighbours) Act 2006 refused because the applicant did not prove the trees caused, or were likely to cause, damage or injury.

  • Trees (disputes between neighbours)
  • Damage to property
  • Risk of injury
  • Order for removal
  • Trees-disputes-between-neighbours
  • Property-damage
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Property law

Norman v Symonds

Norman v Symonds [2024] NSWLEC 1847

The Court found the tree was structurally sound, but active termite activity created sufficient uncertainty and risk of injury to justify an order for termite extermination.

  • Tree disputes between neighbours
  • Remediation orders
  • Risk of injury
  • Termite infestation
  • Fungal bracket
  • Branch/debris nuisance
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Environmental law

Yan v Khanaly

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.

  • Tree disputes
  • Neighbour disputes
  • Damage to property
  • Risk of injury
  • Jurisdiction under trees (disputes between neighbours) act 2006
  • Tree-disputes
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Environment and planning law

Cope v Muralitharan

Cope v Muralitharan [2022] NSWLEC 1733

The Court refused an application under the Trees (Disputes Between Neighbours) Act 2006 concerning minor driveway damage, alleged safety risk, and view obstruction.

  • Trees (disputes between neighbours)
  • Damage to property
  • Obstruction of views
  • Risk of injury
  • Trees-disputes-between-neighbours
  • Driveway-damage
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Environmental law

Trigas v Jennings

Trigas v Jennings [2022] NSWLEC 1333

The Court ordered removal of one neighbour’s tree, pruning of another, cost sharing for pruning, and replacement planting under NSW tree dispute legislation.

  • Tree disputes between neighbours
  • Risk of property damage
  • Risk of injury
  • Court ordered removal and pruning of trees
  • Tree-disputes-between-neighbours
  • Property-damage-risk
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Property law

Hsu-Kam v Yu

Hsu-Kam v Yu [2021] NSWLEC 1789

The Court dismissed a neighbour tree dispute application, finding no sufficient evidence of property damage or genuine risk of injury from the respondents’ hedges and trees.

  • Trees disputes between neighbours
  • Damage to property
  • Risk of injury
  • Heritage garden maintenance
  • Pruning orders
  • Trees-disputes-between-neighbours
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Environmental law

Savell v Munro

Savell v Munro [2020] NSWLEC 1498

The Court dismissed an application to remove a boundary tree, finding limited evidence of likely near-future damage or injury and weighing discretion against removal.

  • Tree disputes between neighbours
  • Damage to property
  • Risk of injury
  • Jurisdiction under trees (disputes between neighbours) act 2006
  • Tree-disputes-between-neighbours
  • Boundary-tree
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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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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.