Australia, Sept. 8 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 7:

1. Before the Court in these Class 2 tree dispute proceedings commenced pursuant to Pt 2 of the Trees (Disputes Between Neighbours) Act 2006 (NSW) ('Trees Act') on 10 December 2024 by Xiu Yan Xu and her son, Xiabing Xu, whom I shall refer to as Ms Xu and Mr Xu, are three notices of motion: two notices of motion filed 23 December 2024 (amended on 17 January 2025 and further amended on 19 March 2025) and 10 March 2025 by Ms Xu and Mr Xu, and one notice of motion filed 10 February 2025 by the respondent, Eileen Claire Johns ('Ms Johns').

2. By her notice of motion Ms Johns seeks summary dismissal of these proceedings pursuant to r 13.4 of the Uniform Civil Procedure Rules 2005 (NSW) ('UCPR'), and alternatively, that all proceedings in the Court instituted by Ms Xu and Mr Xu against Ms Johns be stayed pursuant to s 8(8)(a) of the Vexatious Proceedings Act 2008 (NSW) ('VP Act'), and that Ms Xu and Mr Xu be prohibited from instituting proceedings in the Court without leave pursuant to s 8(8)(b) of the VP Act.

3. In their notice of motion filed 23 December 2024 Ms Xu and Mr Xu seek orders that Ms Johns' notice of motion for summary dismissal be dismissed and that the Court permanently stay, rescind or set aside certain orders made by Preston CJ of LEC on 26 March 2024 dismissing earlier Class 2 tree dispute proceedings brought by Ms Xu and Mr Xu against Ms Johns; and in their notice of motion filed 10 March 2025, Ms Xu and Mr Xu seek an order that these proceedings proceed urgently to an onsite inspection and hearing.

4. The hearing of the three motions proceeded together on 23 April and 12 May 2025. Ms Xu and Mr Xu appeared without legal representation and Mr Howard of senior counsel, with Ms Sims of counsel, appeared for Ms Johns.

5. For the reasons that follow, I find that the appropriate orders are that each of Ms Xu and Mr Xu's notices of motion and these Class 2 proceedings be dismissed, and that Ms Xu and Mr Xu be prohibited from instituting proceedings in the Court for two years without leave of the Court.

Background

6. Ms Xu and Mr Xu own land at 39 Valerie Avenue, Chatswood West ('Xu Land'). Ms Johns owns land and resides at 41 Valerie Avenue, Chatswood West ('Johns Land'). The properties share a side boundary.

7. Since June 2023, Ms Xu and Mr Xu have instituted various proceedings against Ms Johns in this Court, the Local Court of NSW, the District Court of NSW, and the Federal Circuit and Family Court of Australia, seeking relief relating to the removal of certain trees (and their debris) on the Johns Land as well as compensation for loss and damage said to be caused by the trees and their debris.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/198821ec7d9a8b83dc61094c)

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