Blue v Camilleri [2021] NSWLEC 1303

Land and Environment Court New South Wales

Medium Neutral Citation: Blue v Camilleri [2021] NSWLEC 1303 Hearing dates: 8 March 2021 Date of orders: 31 May 2021 Decision date: 31 May 2021 Jurisdiction: Class 2 Before: Galwey AC Decision: See orders at [31] Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – Part 2 application – damage to property – damage to a retaining wall – whether damage has been caused by the tree – whether previous orders would prevent investigation of damage Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2, ss 7, 10, 12 Cases Cited: Blue v Camelleri [2007] NSWLEC 138 Texts Cited: Parramatta Development Control Plan 2011 Category: Principal judgment Parties: Jeanette Blue (Applicant) Frank Camilleri (First Respondent) Rose Camilleri (Second Respondent) Representation: M Blue (Agent) (Applicant) F Camilleri (Litigant in Person) (First Respondent) R Camilleri (Litigant in Person) (Second Respondent) File Number(s): 2020/319402 Publication restriction: No

Judgment

Background to the application 1. A Spotted Gum (Corymbia maculata) ('the tree') grows in the front garden of the Telopea property belonging to Frank and Rose Camilleri ('the respondents'), adjacent to the common boundary they share with Jeanette Blue ('the applicant'). 2. On Mrs Blue's property, close to the common boundary, a retaining wall along her driveway supports the higher land toward the Camilleris' property. At one end, the retaining wall is cracked. Mrs Blue's dwelling is set further forward than the Camilleris': it is less than 2 metres from the tree, whereas the Camilleris' dwelling is approximately 8 metres from the tree. At the front of Mrs Blue's dwelling is the main bedroom, with a garage beneath. 3. Mrs Blue has applied to the Court, pursuant to s 7 (Pt 2) of the Trees (Disputes Between Neighbours) Act 2006 ('the Trees Act'), seeking orders for the tree to be removed and for the damaged wall to be rectified.