Ali v Riezenkamp [2023] NSWLEC 1353

Land and Environment Court New South Wales

Medium Neutral Citation: Ali v Riezenkamp [2023] NSWLEC 1353 Hearing dates: 22 June 2023 Date of orders: 22 June 2023 Decision date: 22 June 2023 Jurisdiction: Class 2 Before: Galwey AC Decision: See orders at [13] Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2 application – neighbouring tree – damage to driveway and boundary fence – orders for tree removal and repairs to property – orders for fencing works Legislation Cited: Dividing Fences Act 1991, s 13A Trees (Disputes Between Neighbours) Act 2006, s 6, Pt 2, ss 7, 10, 12 Cases Cited: Riggio v The Estate of the late Phyllis Annette Lockard [2011] NSWLEC 1292 Texts Cited: Safe Work Australia, Guide to managing risks of tree trimming and removal work, 2016 Category: Principal judgment Parties: Syed Rizwan Ali (Applicant) Mandy Riezenkamp (First Respondent) Samantha Riezenkamp (Second Respondent) Errol Riezenkamp (Third Respondent) Representation: S Ali (Self-represented) (Applicant) M Riezenkamp (Self-represented) (First Respondent) S Riezenkamp (Self-represented) (Second Respondent) E Riezenkamp (Self-represented) (Third Respondent) File Number(s): 2023/115229 Publication restriction: Nil

Judgment

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1. COMMISSIONER: Mandy, Samantha and Errol Riezenkamp, the respondents in these proceedings, own a residential property in Mt Colah. A Sydney Blue Gum (Eucalyptus saligna) (the tree) grows on their property in the narrow area between their dwelling and their side boundary. Syed Rizwan Ali, the applicant in these proceedings, and his family own a property with a battle-axe driveway running along the common boundary shared with the respondents. The tree is pushing against the timber paling fence on the common boundary; its roots are lifting the paving of the applicant's driveway and a low retaining wall along the driveway's edge. Mr Ali 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 respondents to remove the tree and repair the damaged fence, driveway and retaining wall. 2. The parties were self-represented at the onsite hearing, during which I inspected the tree, the fence, the retaining wall, and the driveway. It was apparent that the common boundary fence is somewhat dilapidated beyond the area of the tree's influence. The parties were given the opportunity to make submissions regarding any orders that might be made for the remainder of the fence.