The Court refused the application in its entirety. For the grey gum, the Court held that res judicata barred the applicants from relitigating the same causes of action (branch fall risk, fire risk, and risk of tree falling from building works) determined in the 2022 proceedings, as circumstances had not materially changed. For the five camphor laurels, the Court held that the s 10(2) threshold was not met: the trees' weed status did not constitute damage or injury, mere anticipated branch encroachment did not amount to damage, and fire damage spread via trees is not damage caused by trees (following Freeman v Dillon [2012] NSWLEC 1057).
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