NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Cayley v Gervay [2021] NSWLEC 1254 Hearing dates: 11 February 2021 Date of orders: 18 May 2021 Decision date: 18 May 2021 Jurisdiction: Class 1 Before: Douglas AC Decision: The Orders of the Court are: (1) The application is dismissed. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – whether trees have caused damage, or are causing damage to applicant's property – do s (12) considerations outweigh impact of damage – can provisions of the Dividing Fences Act 1991 be invoked for erection of fence Legislation Cited: Dividing Fences Act 1991 ss 7, 13(A) Trees (Disputes Between Neighbours) Act 2006 ss7, 10, 12 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 Smith & Hannaford v Zhang & Zhou [2011] NSWLEC 29 Stevens v Russell [2016] NSWLEC 1233 Yang v Scerri [2007] NSWLEC 592 Texts Cited: Australian Standard AS4373;2007, Pruning of amenity trees Category: Principal judgment Parties: Eileen Cayley (Applicant) Katherine Gervay (First Respondent) Leonard Gervay (Second Respondent) Representation: Counsel: E Cayley (litigant in person) (Applicant) J Denina (Solicitor) (Respondents)
Solicitors: Russell Kennedy Aitken Lawyers, Sydney (Respondents) File Number(s): 2020/302066 Publication restriction: No
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