What has happened?
In Stroud v CMZZJ Investments Pty Ltd [2025] NSWLEC 16, the Land and Environment Court held that a neighbour can bring a claim under the Trees (Disputes Between Neighbours) Act 2006 (Trees Act) for damage caused by a tree, even though the tree was removed before the claim was made.
Context
The owners of a property in Blackwall obtained an engineering report on damage allegedly caused by a mature Norfolk Island pine on the neighbouring land and gave it to the neighbour. About a year later the neighbour removed the tree. Two years after that, the owners commenced proceedings seeking about $103,000 in damages.
The neighbour sought to have the claim dismissed. It argued that the Trees Act applies only to trees that exist when the application is made. It relied on s 4(4), which deals with trees removed after damage gave rise to an application.
The decision
Justice Robson dismissed the neighbour's motion:
Section 7 allows an owner to apply for orders to remedy damage to property "as a consequence of" a tree on adjoining land. The Court's powers include orders to remedy damage that has already occurred, which do not depend on the tree still standing.
Section 4(4) does not limit the Act to existing trees. The Act's history and purpose, as a scheme replacing nuisance claims for tree damage, support allowing claims about removed trees.
A different part of the Act, dealing with hedges that block sunlight or views, operates differently and did not assist the neighbour.
The claim can therefore proceed to be decided on its merits.
How will this affect you?
Removing a tree will not necessarily avoid liability for damage it has already caused.
Owners who have suffered damage from a neighbour's tree can still seek compensation after the tree is gone, but should act promptly and gather evidence of the damage.
Tree owners who receive a complaint supported by an engineering report should take it seriously and seek advice.
Further information
For further information please contact Darren Bick, Director, on +61 416 167 556 or darren.bick@bicksteele.com.au.