28 Carnegie Circuit Pty Ltd v Mulcahy [2024] NSWLEC 1353

Land and Environment Court New South Wales

Medium Neutral Citation: 28 Carnegie Circuit Pty Ltd v Mulcahy [2024] NSWLEC 1353 Hearing dates: 25 March 2024 Date of orders: 28 March 2024 Decision date: 28 March 2024 Jurisdiction: Class 2 Before: Douglas AC Decision: The Court orders are: (1) Within 90 days of the date of these orders, the Respondent, at her own cost, is to engage a licenced builder with all appropriate and up to date insurances, and complete the following works to the front fence along the south-west frontage of 28 Carnegie Circuit, Chifley (the Site): (a) Remove the aluminium slatted metal work between the pier in the south-west corner, and the pier adjoining the metal gate; (b) Demolish the pier in the south-west corner; (c) Rebuild the pier, to the same dimensions, 200mm to the east of its existing location; (d) Redo the acrylic render; (e) Install new aluminium slatted metalwork between the pier in its new location and the pier adjoining the metal gate; and (f) Make good the site. (2) The works referred to in order (1) are to be compliant with all relevant Australian Standards. (3) The Respondent is to ensure the finish of the works referred to in order (1) above are consistent with the remainder of the front fence. In the event the same finish is unable to be achieved, the Applicant is to provide its consent to any alternative finish. (4) The Applicant is to ensure the Site is made accessible for the works referred to in order (1) to be carried out upon receiving 48 hours' notice by the Respondent sending an email to the Applicant's leasing agent at leasing@coastlineagency.com (5) The works referred to in order (1) are to be carried out during normal daytime working hours and in a manner that does not affect the occupier's use of the Site. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – Cypress trunk damaging front boundary fence – apprehension of future damage and risk of injury – Orders by Consent Legislation Cited: Dividing Fences Act 1991, s 13A Environmental Planning and Assessment Act 1979 Trees (Disputes Between Neighbours) Act 2006 Pt 2, ss 7, 8, 9, 10, 12 Cases Cited: Robson v Leischke (2008) 72 NSWLR 98; [2008] NSWLEC 152 Yang v Scerri [2007] NSWLEC 592 Texts Cited: Randwick Development Control Plan 2013 Category: Principal judgment Parties: 28 Carnegie Circuit Pty Ltd (Applicant) Karen Elizabeth Mulcahy (Respondent) Representation: Counsel: L Nurpuri (Applicant) R Mulcahy (Agent) (Respondent)