Zante Investments Pty Ltd v Jarvis [2024] NSWLEC 1085

Land and Environment Court New South Wales

Medium Neutral Citation: Zante Investments Pty Ltd v Jarvis [2024] NSWLEC 1085 Hearing dates: 25 September 2023 Date of orders: 29 February 2024 Decision date: 29 February 2024 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders: (1) The application is refused. (2) The exhibits are returned, other than Exhibit A. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2 application – damaged wall – neighbouring trees – whether the trees contributed to damage – whether the applicant has demonstrated causation – other causes of property damage – application refused Legislation Cited: Dividing Fences Act 1991, s 13A Limitation Act 1969, s 14 Trees (Disputes Between Neighbours) Act 2006, ss 7, 8, 9, 10, 12 Uniform Civil Procedure Rules 2005, Sch 7 Cases Cited: Ball v Bahramali & Anor [2010] NSWLEC 1334 Fang v Li & anor [2017] NSWLEC 1503 Golden v French [2022] NSWLEC 1642 Smith & Hannaford v Zhang & Zhou [2011] NSWLEC 29 Texts Cited: Land and Environment Court of NSW, Practice Note Class 2 Tree Applications Category: Principal judgment Parties: Zante Investments Pty Ltd (Applicant) Nicolas Jarvis (First Respondent) Mary-Lou Jarvis (Second Respondent) Representation: Counsel: C Leggat SC / C Koikas (Applicant) J Smith (First and Second Respondents)