Blue v Camilleri (No 2) [2021] NSWLEC 1476

Land and Environment Court New South Wales

Medium Neutral Citation: Blue v Camilleri (No 2) [2021] NSWLEC 1476 Hearing dates: 8 March 2021 and 7 July 2021 Date of orders: 20 August 2021 Decision date: 20 August 2021 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders: (1) The applicant and respondents, or contractors they might engage, may carry out excavation within the root zone (including within 3 metres of the base of the trunk) of the respondents' Spotted Gum ('the tree') where such works do not damage structural roots and do not impact the health or stability of the tree. If at the time of the works the tree has been, or is about to be, removed, impacts to the tree's roots need not be considered. (2) The exhibits are returned, other than Exhibit A. 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 – root investigation – whether the respondents should contribute to the cost of repairs – whether tree removal is required – order nullifies the effect of an earlier order preventing excavation Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2, ss 7, 10, 12 Cases Cited: Blue v Camelleri [2007] NSWLEC 138 Blue v Camilleri [2021] NSWLEC 1303 Nott v Leung; Chu v Leung [2019] NSWLEC 1394 Texts Cited: Australian Standard AS4970–2009 'Protection of trees on development sites' Parramatta Development Control Plan 2011, Pt 5 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