Ricco, Gerardo v Ricco, Luigi [2020] NSWLEC 1626

Land and Environment Court New South Wales

Medium Neutral Citation: Ricco, Gerardo v Ricco, Luigi [2020] NSWLEC 1626 Hearing dates: 10 September 2020 Date of orders: 10 December 2020 Decision date: 10 December 2020 Jurisdiction: Class 2 Before: Douglas AC Decision: See orders at [44] below. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – whether damage to fence is caused by trees – fence replacement – tree pruning Legislation Cited: Dividing Fences Act 1991 Dividing Fences and Other Legislation Amendment Bill 2008 Trees (Disputes between Neighbours) Act 2006 Cases Cited: Barker v Kryiakides [2007] NSWLEC 292 Granger v Owners Corporation SP 18494 [2012] NSWLEC 1285 Robson v Leischke (2008) 72 NSWLR 98; [2008] NSWLEC 152 Yang v Scerri [2007] NSWLEC 592 Category: Principal judgment Parties: Gerardo Ricco (Applicant) Luigi Ricco (Respondent) Representation: G Ricco (Litigant in person) (Applicant) L Ricco (Litigant in person (Respondent) File Number(s): 2020/137750 Publication restriction: No

Judgment

Background 1. The applicant, Mr Gerardo Ricco, shares a side boundary with a property owned by the respondent, Mr Luigi Ricco, in Hornsby. The dispute is based on damage to the boundary fence, allegedly caused by the respondent's trees, and issues that the applicant has with overhanging branches from these trees, which are located near the common property boundary. This boundary runs from north to south, and both the primary house on the applicant's property, and the respondent's house, face the street to the south. 2. In an attempt to remedy damage that the trees have caused, are causing, and are likely to cause in the near future, and risk of injury, Mr Gerardo Ricco made an application, pursuant to s 7 of Pt 2 of the Trees (Disputes between Neighbours) Act 2006 (the Trees Act). He is also seeking an order pursuant to s 13A of the Dividing Fences Act 1991, as noted at question 17 of his application.