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Environmental law

Ermis v Boutros

Ermis v Boutros [2025] NSWLEC 5

A s 56A appeal from a tree dispute decision was dismissed. The Court found no error of law in the Acting Commissioner’s handling of sunlight, views, or damage evidence.

  • Tree disputes between neighbours
  • Appeals on questions of law
  • Tree-disputes-between-neighbours
  • Section-56a-appeals
  • Sunlight-obstruction
  • Views-from-dwelling
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Property law

Pearce v Karpathakis

Pearce v Karpathakis [2024] NSWLEC 1665

The Court ordered removal of a Norfolk Island pine after finding it damaged a boundary fence and stormwater pipes, but refused compensation for other alleged damage.

  • Tree disputes between neighbours
  • Damage to property from trees
  • Orders for removal of trees
  • Dividing fences
  • Tree-disputes-between-neighbours
  • Tree-root-damage
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Environmental law

Li v Richardson

Li v Richardson [2024] NSWLEC 1634

Tree dispute over a camphor laurel caused damage to an outbuilding. The Court ordered removal of the tree, denied compensation for repairs, and split removal costs equally.

  • Tree disputes between neighbours
  • Apportionment of tree removal costs
  • Property damage
  • Statutory remedies
  • Tree-disputes-between-neighbours
  • Tree-removal-costs
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Property law

Webb v Milton

Webb v Milton [2024] NSWLEC 1851

The Court found two trees had damaged a boundary fence and ordered arborist and fencing works at the respondents’ expense under the Trees (Disputes Between Neighbours) Act.

  • Tree disputes between neighbours
  • Damage to boundary fence
  • Jurisdiction under trees (disputes between neighbours) act 2006
  • Tree-disputes-between-neighbours
  • Boundary-fence-damage
  • Property-law
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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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Property law

Schellnack v Burrows

Schellnack v Burrows [2023] NSWLEC 1717

The Court ordered removal of one dead tree and pruning of other overhanging trees after finding branches had caused roof damage and posed an injury risk.

  • Tree disputes between neighbours
  • Damage to property from trees
  • Pruning and removal orders
  • Duty of care regarding trees
  • Tree-disputes-between-neighbours
  • Damage-to-property-from-trees
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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

Tanios v Giourgas

Tanios v Giourgas [2022] NSWLEC 1178

The Court granted a tree-dispute application and ordered bamboo trimmed to 3 metres twice yearly after finding likely gutter damage and severe sunlight obstruction.

  • Tree disputes between neighbours
  • Pruning orders
  • Obstruction of sunlight
  • Risk of damage to property
  • Tree-disputes-between-neighbours
  • Pruning-orders
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Property law

Franco v Mazzetti

Franco v Mazzetti [2022] NSWLEC 1090

The Court granted a tree removal application after finding a structural root caused uplift and damage to a boundary wall, with no viable alternative to removal.

  • Tree disputes between neighbours
  • Tree removal
  • Damage to boundary wall
  • Application under trees (disputes between neighbours) act
  • Tree-disputes-between-neighbours
  • Tree-removal
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Property law

Bolanos v Turpin

Bolanos v Turpin [2021] NSWLEC 1810

The Court dismissed an application under the Trees Act concerning four palms allegedly causing damage through flying-fox excrement and debris, finding no jurisdiction on those facts.

  • Tree disputes between neighbours
  • Jurisdiction under trees act
  • Nuisance
  • Evidence requirements
  • Costs under trees act
  • Tree-disputes-between-neighbours
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