Brown v Baker [2024] NSWLEC 1124

Land and Environment Court New South Wales

Medium Neutral Citation: Brown v Baker [2024] NSWLEC 1124 Hearing dates: 13 March 2024 Date of orders: 13 March 2024 Decision date: 13 March 2024 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders: (1) The application is granted to the extent of the following orders. (2) Within 60 days of the date of these orders, the respondent is to engage and pay for a fencing contractor to replace or repair all parts of the common boundary fence within 1 metre of the tree, or as required, so that the fence is in alignment with the remainder of the fence, of a standard similar to or better than the remainder of the fence, and with at least 50 mm clearance between all parts of the fence and all parts of the tree. (3) The respondent is to give the applicant 7 days notice of the works in Order (2). (4) The applicant is to allow all access for the works in Order (2) during reasonable hours of the day. (5) The exhibits are returned, other than Exhibit A. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) –Pt 2 application – damage to neighbouring property – whether tree removal is required – orders for fence repair Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2, ss 7, 10, 12 Cases Cited: Hinde v Anderson [2009] NSWLEC 1148 Category: Principal judgment Parties: Michael Brown (Applicant) Kerry Baker (Respondent) Representation: Counsel: M Brown (Self-represented) (Applicant) K Baker (Self-represented) (Respondent) File Number(s): 2023/425699 Publication restriction: Nil