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NSW Land & Environment Court dismisses tree dispute claim that roots from a neighbours tree did not cause structural cracking of a neighbours wall

In Class 2 proccedings Craig J in Smith & Hannaford v Zhang & Zhou [2011] NSWLEC 29, the NSW Land & Environment Court dismissed proceedings as the Applicants were unable to prove that a Blue Gum tree in Castle Cove, Sydney caused or is causing damage to a neighbours house (cracking structutal walls) as the New South Wales Land and Environment Court could not find a causal connection between the tree and the structural wall cracking of the neighbouring house.

Under the Tree (Disputes Between Neighbours Act), the Court must be satisfied as to the existence of a causal connection between the tree and the damage or injury before the Court will make orders to remove the tree and/or grant compensation (see Robson v Leischke [2008] NSWLEC 152.

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