Kolaroski v Vavayis [2021] NSWLEC 1258

Land and Environment Court New South Wales

Medium Neutral Citation: Kolaroski v Vavayis [2021] NSWLEC 1258 Hearing dates: 22 January 2021 Date of orders: 19 May 2021 Decision date: 19 May 2021 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders that: (1) The Pt 2A application is refused. (2) Within 60 days of the date of these orders the respondents are to engage a suitably experienced contractor to repair the boundary fence on the common boundary shared with the applicants so that the fence is returned to its vertical alignment alongside trees 4–18 in their cypress hedges. (3) The respondents are to give the applicants at least 7 days' notice of these works. (4) The applicants are to allow any access necessary for the works to be completed. (5) The Pt 2 application is otherwise refused. (6) The exhibits are returned, except for Exhibits A and C. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – Part 2 application – damage to property – not shown that applicants have suffered a loss for some damage – orders for fence repair – Part 2A application – obstruction of views – applicants have not lost views – Part 2A application refused Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2, ss 7, 10, 12; PT 2A, ss 14A, 14B, 14E Cases Cited: Burns & anor v St Clair & anor [2015] NSWLEC 1185 Fang v Li [2017] NSWLEC 1503 Fryday v The Owners – Strata Plan No 15039 [2019] NSWLEC 1150 Haindl v Daisch [2011] NSWLEC 1145 McNally v Serbos [2019] NSWLEC 1354 Summers v Kumar [2019] NSWLEC 1041 Category: Principal judgment Parties: Robert Kolaroski (First Applicant) Mirjana Kolaroski (Second Applicant) Tony Vavayis (First Respondent) Vicky Vavayis (Second Respondent) Representation: C Renner (Solicitor) (Applicants) D Loether (Solicitor) (Respondents)