Nguyen v M Sayour; Nguyen v F Sayour

[2026] NSWLEC 1014

NSW Land and Environment Court

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Interrogate

Catchwords

1. Trees (Disputes Between Neighbours)
2. › Part 2 applications
3. › Damage to property
4. › Whether tree likely to cause damage in near future
5. › Overhanging branches and dead wood
6. › Apportionment of cost of pruning works
7. › Whether tree owner or applicant should bear cost
8. › Trees (Disputes Between Neighbours) Act 2006 (NSW), ss 7, 8, 9, 10, 12
1. Trees (Disputes Between Neighbours)
2. › Part 2A applications
3. › Obstruction of sunlight and views
4. › Whether hedge severely obstructing sunlight to window or view from dwelling
5. › Trees (Disputes Between Neighbours) Act 2006 (NSW), ss 14A, 14B, 14C, 14D, 14E, 14F

Quick Take

Where a tree owner has been notified of the risk of damage from overhanging branches and the applicant has not unreasonably contributed to the risk, the tree owner will ordinarily be ordered to bear the cost of pruning works under the Trees Act, notwithstanding the applicant's common law right of abatement.

Case Details

Citation[2026] NSWLEC 1014

CourtNSWLEC

JurisdictionNew South Wales

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Relies on3

2025Chan v SoNSWLEC 1723
2007Yang v ScerriNSWLEC 592
2007Black v Johnson (No 2)NSWLEC 513

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