Fazakerley v Lekovic [2021] NSWLEC 1502

Land and Environment Court New South Wales

Medium Neutral Citation: Fazakerley v Lekovic [2021] NSWLEC 1502 Hearing dates: 01 June 2021 Date of orders: 01 September 2021 Decision date: 01 September 2021 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders: (1) The Pt 2 application is refused. (2) The Pt 2A application is refused. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2 application concerning damage – neighbouring trees – whether the trees have caused damage – whether damaged property is the applicant's – Pt 2A application concerning obstruction of sunlight – whether sunlight to a window is obstructed Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2 ss 7, 9, 10 and 12, Pt 2A ss 14B and 14E Cases Cited: Cayley v Gervay [2021] NSWLEC 1254 Category: Principal judgment Parties: Robert Fazakerley (First Applicant) Megan Fazakerley (Second Applicant) Milos Lekovic (First Respondent) Brenda Lekovic (Second Respondent) Representation: R Fazakerley (Litigant in Person) (First Applicant) M Fazakerley (Litigant in Person) (Second Applicant) S Cominos (Counsel) (Respondents)

Solicitors Solari & Stock (Respondents) File Number(s): 2021/50223 Publication restriction: No

Judgment

Background to the application 1. Robert Fazakerley and Megan Fazakerley ('the applicants'), owners of their residential Port Hacking property, applied to the Court pursuant to both s 7 (Pt 2) and s 14B (Pt 2A) of the Trees (Disputes Between Neighbours) Act 2006 ('the Trees Act') seeking orders relating to neighbouring trees. Their application did not specify the orders they sought, but they later clarified that they want the trees removed and their stumps poisoned. The trees grow on an adjoining property belonging to Milos Lekovic and Brenda Lekovic ('the respondents').