Liang & anor v Marsh & anor

Liang and another v Marsh and another involved a dispute over the rights and responsibilities of adjoining landowners regarding the encroachment of trees onto each other’s property. The Supreme Court of Victoria was tasked with resolving the conflict and determining the extent of the pruning, removal, and compensation required. The central legal issues revolved around the application of the common law principles of trees and the statutory provisions of the Neighbours Act 1998 (Vic). Specifically, the court needed to determine whether the encroachment of a Lillypilly tree and a Blue Gum tree constituted a nuisance and whether the plaintiffs were entitled to compensation for any damage caused by the trees.

The court examined the extent to which the trees encroached onto the plaintiffs' property and the potential harm caused by their presence. The court found that the Lillypilly tree constituted a nuisance due to its significant encroachment and the potential damage it could cause to the plaintiffs' property. Consequently, the court upheld the application to prune the Lillypilly tree but did not order its complete removal. Regarding the Blue Gum tree, the court found that it did not constitute a nuisance as its presence did not cause any significant harm to the plaintiffs' property. Thus, the application to remove the Blue Gum tree was dismissed. The court also considered the plaintiffs' claim for compensation and found that they were entitled to partial compensation for the damage caused by the Lillypilly tree.

The orders of the court were that the application to prune the Lillypilly tree was upheld in part, the application to remove the Blue Gum tree was dismissed, and the application for compensation was upheld in part. The court's decision was based on a careful analysis of the common law principles of trees and the statutory provisions of the Neighbours Act 1998 (Vic), which aim to balance the rights of adjoining landowners and promote peaceful coexistence.