The Court refused a Part 2 application under the Trees (Disputes Between Neighbours) Act 2006 (NSW), finding that minor depressions in plastic decking caused by falling palm seeds constituted such insignificant damage that no intervention with the tree was justified, applying the proportionality principle from Granger. The Court reaffirmed the Barker Tree Dispute Principle that urban residents must accept a reasonable maintenance burden from neighbouring trees, extended by Hendry to include cleaning of stains and mould. The applicant's claims regarding potential root damage from a fig tree failed because no evidence of current damage or likely near-future damage (within approximately 12 months per Yang v Scerri) was established.
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