General News
29 May, 2026
Costs cripple tree case
FRESHWATER residents fighting to save a large raintree from removal have discontinued legal action after campaigners were warned they could face tens of thousands of dollars in legal and contractor costs.
Advocate Sarah Warne said the case was withdrawn after lawyers representing the property owners sought high costs against the applicant.
“This is just to let you know the case has been discontinued because the owners got their lawyers there and are claiming at least $57,000 worth of contractor costs plus legal fees,” Ms Warne said.
“The applicant could be up for about $90,000 and we don’t have the crowdfunding to sustain the case.”
The legal action had sought an injunction through the Planning and Environment Court to halt work on the tree while broader proceedings examined whether proper procedures had been followed in approving its removal.
Campaigners had earlier secured a temporary interlocutory injunction and hoped the matter would proceed to a full hearing.
Ms Warne said supporters were devastated by the outcome and disappointed the matter would not proceed further through the courts.
“We are very disappointed in council and are very sad that justice cannot be served to save this very unique and important tree for our community,” she said.
“Three days grace would have allowed justice to be tried and determined.”
Community members had gathered at the site throughout the week, holding vigils and ceremonies beneath the tree in an effort to preserve it.
Buddhist nun Venerable Richin joined retired Anglican priest Father Neil Forgie for a ceremony beneath the Freshwater raintree on Monday morning.
Concerned advocate Nicole Sleeman said the campaign had attracted strong community support, with residents attending meetings and monitoring developments at the site.
“I hope that one day, the care, collaboration and cooperation that has fuelled this campaign, is reflected in the actions of all members of our community – especially those who have been involved in the destruction of what we know to be the heart of Freshwater.”
Ms Warne said campaigners believed the legal system placed significant financial pressure on community-led challenges against development decisions.
