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Environmental law

The Owners – Strata Plan No 52378 v Huang

The Owners – Strata Plan No 52378 v Huang [2025] NSWLEC 1125

Strata owners succeeded in part in a tree dispute, obtaining orders to remove some cypress trees and maintain others after findings of severe sunlight and view obstruction.

  • Tree disputes
  • Strata schemes
  • Severe obstruction of sunlight and views
  • Balancing of interests
  • Jurisdiction of land and environment court
  • Tree-disputes
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Environmental law

Garbutt v Nichols

Garbutt v Nichols [2025] NSWLEC 1035

The Court granted a neighbouring trees application and ordered pruning, not removal, of a blackbean tree overhanging the applicants’ property.

  • Tree disputes
  • Nuisance
  • Neighbouring property
  • Pruning of trees
  • Bushfire protection
  • Obligations under development consent
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Environmental law

Yam v Tavakoli

Yam v Tavakoli [2024] NSWLEC 1781

A Class 2 tree dispute resulted in orders to remove a large blackbutt tree, subject to any non-EP&A or Heritage Act consents, because it posed injury and damage risks.

  • Tree disputes
  • Trees (disputes between neighbours) act 2006 pt 2
  • Consent requirements under environmental and heritage statutes
  • Risk of damage or injury from trees
  • Tree removal orders
  • Threatened species and biodiversity
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Environment and planning law

Sinclair v Savage

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.

  • Tree disputes
  • Obstruction of sunlight
  • Neighbour disputes
  • Tree-disputes
  • Sunlight-obstruction
  • Neighbour-disputes
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Environmental law

The Owners – Strata Plan No 17467 v The Owners – Strata Plan No 22319

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.

  • Tree disputes
  • Damage caused by trees
  • Neighbour disputes
  • Pruning orders
  • Tree-disputes
  • Neighbour-disputes
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Environment and planning law

Kwan v Wilbraham

Kwan v Wilbraham [2024] NSWLEC 1581

Neighbour tree dispute under the NSW Trees Act: the Court ordered gutter repairs and limited pruning of one tree, but refused removal and found no injury risk.

  • Tree disputes
  • Damage to property
  • Apprehension of injury
  • Jurisdiction under trees (disputes between neighbours) act
  • Discretionary considerations under s 12
  • Tree-disputes
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Environmental law

Mahadik v Jones

Mahadik v Jones [2024] NSWLEC 1411

Neighbour-tree dispute over a mature ironbark that had damaged roof tiles. The Court ordered pruning by a qualified arborist, not removal, and refused compensation.

  • Tree disputes
  • Remedies for property damage
  • Neighbourhood nuisance
  • Pruning orders
  • Tree-disputes
  • Pruning-orders
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Environmental law

Stubbs v Lipar

Stubbs v Lipar [2024] NSWLEC 1780

The Court refused a tree dispute application, finding no near-future property damage or injury risk, and that only the bamboo formed a hedge, but caused no severe obstruction.

  • Trees (disputes between neighbours) act 2006
  • Tree disputes
  • Neighbourhood disputes
  • Obstruction of sunlight/views
  • Hedges
  • Property damage
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Property law

Foley v Thompson

Foley v Thompson [2024] NSWLEC 1129

The Court refused a tree-dispute application because the evidence did not show the respondents’ trees caused, or were likely to cause, damage to the applicant’s property.

  • Tree disputes
  • Nuisance
  • Jurisdictional limits
  • Compensation for property damage
  • Tree-disputes
  • Property-damage
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Property law

Cattanach v Butler

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.

  • Tree disputes
  • Neighbour disputes
  • Compensation for property damage
  • Apportionment of liability
  • Tree-disputes
  • Neighbour-disputes
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