Wong v Chan [2026] NSWLEC 1283
Before: Douglas AC · NSW Land and Environment Court
Summary
TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2 – damage to dwelling roof, car, and lights due to falling deadwood – apprehension of further damage and risk of injury – failure of respondent to exercise duty of care – pruning and compensation ordered
Catchwords
TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2 – damage to dwelling roof, car, and lights due to falling deadwood – apprehension of further damage and risk of injury – failure of respondent to exercise duty of care – pruning and compensation ordered
Outcome
The Court orders that: (1) The respondent shall reimburse the applicant $1,523.22 compensation for roof, car and garden light damage, by Electronic Fund Transfer (EFT), within 14 days of the date of these orders. (2) The respondent shall engage and pay experienced, Australian Quality Framework (AQF) level 3 arborists with all appropriate insurances (the arborists), to prune all dead wood with a diameter greater than 10mm from branches of the respondent’s Sydney blue gum (the tree) overhanging the applicant’s land, within 45 days of the date of these orders. (3) During June of 2028 and during June of every second year thereafter, the respondent shall engage and pay the arborists to prune dead wood from the tree in accordance with Order (2). (4) The pruning shall comply with AS4373:2007, Pruning of amenity trees, and the Safe Work Australia, Guide to Managing Risks of Tree Trimming and Removal Work, 2016. (5) The applicant shall provide all reasonable access for the arborists to undertake their works and remove debris, upon receipt of at least 72 hours’ notice of the date and approximate start time, by email. (6) All works shall be undertaken during reasonable daytime working hours.
Legislation cited
Trees (Disputes between Neighbours) Act 2006, Pt 2, ss 6, 7, 8, 9, 10, 12
Read the full judgment
Authoritative text on NSW Caselaw · ~28k words
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