Jones v Moser [2020] NSWLEC 1399

Land and Environment Court New South Wales

Medium Neutral Citation: Jones v Moser [2020] NSWLEC 1399 Hearing dates: 29 May 2020 Date of orders: 1 September 2020 and amended on 18 December 2020 Decision date: 01 September 2020 Jurisdiction: Class 2 Before: Galwey AC Decision: See orders at [68] Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – damage to a retaining wall – whether the retaining wall is on the common boundary – who is responsible for the retaining wall – whether the wall must be replaced – whether consent is required to replace the wall – whether the tree must be removed – whether a paling fence must be replaced – who should pay the costs of the works Legislation Cited: Conveyancing Act 1919 (NSW) Dividing Fences Act 1991 (NSW) Environmental Planning and Assessment Act 1979 (NSW) State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Trees (Disputes Between Neighbours) Act 2006 (NSW) Cases Cited: Lazarus and Anor v Harry [2009] NSWLEC 1055 St Clair v Kilham [2018] NSWLEC 1071 Texts Cited: Safe Work Australia (2016) Guide to managing risks of tree trimming and removal work Warringah Council Development Control Plan 2011 Category: Principal judgment Parties: Christopher David Jones (First Applicant) Samantha Jane Jones (Second Applicant) Carl Ulrich Mathias Moser (First Respondent) Clare Marie Morrison (Second Respondent) Representation: G Christmas (Solicitor) (Applicants) C Moser (Litigant in person) (First Respondent) C Morrison (Litigant in person) (Second Respondent)