Dominello v Bosso [2021] NSWLEC 1641

Land and Environment Court New South Wales

Medium Neutral Citation: Dominello v Bosso [2021] NSWLEC 1641 Hearing dates: 20 October 2021 Date of orders: 20 October 2021 Decision date: 20 October 2021 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders that: (1) The application is refused. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2 application – neighbouring trees – damage to property – one tree has damaged fence – compensation – whether the applicant made reasonable effort to reach agreement – whether other trees pose a risk to property Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2, ss 7, 9, 10, 12 Cases Cited: Robson v Leischke (2008) 72 NSWLR 98; [2008] NSWLEC 152 Category: Principal judgment Parties: Josephine Dominello (Applicant) Mario Giuseppe Bosso (Respondent) Representation: Counsel: J Dominello (Litigant in Person) (Applicant) D Sayer (Solicitor) (Respondent)

Solicitors: Blunden Law (Respondent) File Number(s): 2021/171342 Publication restriction: No

Judgment

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.

Background to the application 1. After a neighbouring tree recently fell on her tennis court fence, Josephine Dominello ('the applicant') incurred a $500 excess on the resulting insurance claim. Ms Dominello is concerned that other trees on the neighbouring property belonging to Mario Bosso ('the respondent') will fall and damage her fence or injure somebody. Ms Dominello 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 respondent to remove six dead wattle trees and six eucalypts that she says are in poor condition. Ms Dominello has received $500 from Mr Bosso to cover her insurance claim excess and seeks no compensation here.