Effect of belated acknowledgment of the Expert Witness Code of Conduct

Mahadik v Jones [2024] NSWLEC 1411

Background

The applicant Mahesh Mahadik and respondents Carol and Lynn Jones are neighbours in Ingleburn, NSW. The respondents have lived there since 1987, where they have a mature grey ironbark tree (Eucalyptus paniculata) near their eastern boundary. The adjoining property was vacant until the applicant purchased it in 2012 and built his home in 2013. Branches and debris from the respondents' tree have fallen onto the applicant's property, causing damage. The applicant has applied to the court under s 7 of the Trees (Disputes Between Neighbours) Act 2006 (NSW), seeking an order for the tree's removal to prevent further damage and injury.