The Owners – Strata Plan 38217 v Bates [2022] NSWLEC 1100

Land and Environment Court New South Wales

Medium Neutral Citation: The Owners – Strata Plan 38217 v Bates [2022] NSWLEC 1100 Hearing dates: 18 February 2022 Date of orders: 18 February 2022 Decision date: 18 February 2022 Jurisdiction: Class 2 Before: Galwey AC Decision: See orders at [29]. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2 application concerning damage – trees damaging the Applicant's property and the common boundary fence – three of four trees have been reduced to stumps – whether the respondents should pay for driveway repairs – lack of evidence regarding elements of property damage – the entire boundary fence needs replacing – orders for tree removal and fencing work – Pt 2A application concerning obstruction of sunlight – whether trees are planted so as to form a hedge – three of four trees have been reduced to stumps – remaining tree does not obstruct direct sunlight – Pt 2A application refused Legislation Cited: Dividing Fences Act 1991, s 13A Trees (Disputes Between Neighbours) Act 2006, Pt 2, ss 6, 7, 9, 10,12, Pt 2A, ss 14A, 14B, 14E Cases Cited: Barker v Kyriakides [2007] NSWLEC 292 Drewett v Best [2010] NSWLEC 1305 Texts Cited: Safe Work Australia 'Guide to managing risks of tree trimming and removal work', 2016 Category: Principal judgment Parties: The Owners Strata Plan 38217 (Applicant) Neville Paul Bates (First Respondent) Brenda Kathleen Bates (Second Respondent) Representation: T Brack (Agent) (Applicant) J Gayner (Agent) (Applicant) N Bates (Litigant in Person) (First Respondent) B Bates (Litigant in Person) (Second Respondent) File Number(s): 2021/320754 Publication restriction: No