Lapidot v Shaw [2009] NSWLEC 1051

Land and Environment Court of New South Wales

CITATION : Lapidot v Shaw [2009] NSWLEC 1051

APPLICANT Ami and Gaye Lapidot PARTIES : RESPONDENT Joy and John Shaw

FILE NUMBER(S) : 21122 of 2008

CORAM: Thyer AC

KEY ISSUES: TREES (NEIGHBOURS) :- Orders made for demolition of dangerous wall and construction of timber dividing fence.

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 05/02/2009

EX TEMPORE JUDGMENT DATE : 5 February 2009

APPLICANT Ami and Gaye Lapidot, litigants in person

LEGAL REPRESENTATIVES: RESPONDENT Mr I. Jones, solicitor of Buckner Jones Solicitors, Conveyancers and Attorneys

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Thyer AC

5 February 2009

21122 of 2008

Ami and Gaye Lapidot v Joy and John Shaw

JUDGMENT The extemporaneous decision was given on 5 February 2009. This written judgment includes the findings given on-site, relevant observations and background information. 1 ACTING COMMISSIONER: Three trees, a Fiddlewood, a Sweet Viburnum and an Oleander are growing in a narrow garden on the southern side of the driveway of 50 Yarrabung Road, St Ives. The property is owned by Mr and Mrs Shaw.

2 The trunk of each of the trees is less than 0.5 m from the common boundary with the adjoining property where a brick screen wall has partially collapsed. The wall screens the under-pool area of the adjoining property to the south, from ground level to the concrete deck of the pool which is about 2.4 m high at the eastern end, and 0.6 m high at the western end. The Fiddlewood and Sweet Viburnum trees are both about 7 m tall. They overhang and shadow the pool, and have been heavily pruned in the past.