Banks v Cong

[2025] NSWLEC 1721

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:

Banks v Cong [2025] NSWLEC 1721

Hearing dates:

17 September 2025

Date of orders:

17 September 2025

Decision date:

17 September 2025

Jurisdiction:

Class 2

Before:

Galwey AC

Decision:

The Court orders:

(1) The application is refused.

(2) The exhibits are returned, other than Exhibits A and B.

Catchwords:

TREES (DISPUTES BETWEEN NEIGHBOURS) — Pt 2 application — neighbouring trees — damage to property

Legislation Cited:

Trees (Disputes Between Neighbours) Act 2006 (NSW), ss 4, 7, 9, 10, 12

Cases Cited:

Yang v Scerri [2007] NSWLEC 592

Category:

Principal judgment

Parties:

Margaret Clare Banks (Applicant)
Lin Cong (First Respondent)
Xian Cheng (Second Respondent)

Representation:

Counsel:
M Banks (Self-represented) (Applicant)
L Cong (Self-represented) (First Respondent)
X Cheng (Self-represented) (Second Respondent)

File Number(s):

2025/250235

Publication restriction:

Nil

Judgment

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.

Background

1. COMMISSIONER: Margaret Banks (the applicant) has applied to the Court seeking orders for her neighbours, Lin Cong and Xian Cheng (the respondents), to remove one tree and to compensate her for costs of approximately $3,000 arising from property damage caused by their trees, as set out in her answer to question 14 of Form H in her application.

2. The onsite hearing allowed the Court to inspect the trees and relevant parts of both properties. The parties were self-represented at the onsite hearing, with the respondents assisted by interpreter Ming Yi Yan. I rely on my own arboricultural expertise and experience in making this decision.

Framework for this decision

3. Ms Banks applied to the Court pursuant to s 7 (Pt 2) of the Trees (Disputes Between Neighbours) Act 2006 (NSW) (the Trees Act). The orders she seeks are orders the Court can make at s 9 of the Trees Act, although the Court may make different orders as it sees fit.

4. Relevant issues to be determined in these proceedings are:

• Whether Ms Banks has made a reasonable effort to reach agreement with the respondents and given the required notice of the application: s 10(1) of the Trees Act.

• Whether the Court can be satisfied that the trees have caused, are causing, or are likely in the near future to cause, damage to Ms Banks’ property, or are likely to cause injury to any person: s 10(2) of the Trees Act.

• If so, how consideration of relevant matters at s 12 of the Trees Act should influence any orders to be made.

5. Although two of the three trees in the application have already been removed, pursuant to s 4 of the Trees Act the Court can still make orders regarding those trees.

Whether the applicant made a reasonable effort

6. Ms Banks provided evidence of attempts at mediation and discussions with Mr Cong and Ms Cheng. I am satisfied that she has made a reasonable effort to reach agreement with them and that the timeframe set down by the Court has allowed for the required notice of…