Inbari &anor v Rankin [2010] NSWLEC 1236

Land and Environment Court of New South Wales

CITATION : Inbari &anor v Rankin [2010] NSWLEC 1236

APPLICANTS S & R Inbari PARTIES : RESPONDENT K Rankin

FILE NUMBER(S) : 20398 of 2010

CORAM: Moore SC - Galwey AC

KEY ISSUES: TREES (NEIGHBOURS) :-

Trees (Disputes Between Neighbours) Act 2006 LEGISLATION CITED: Civil Procedure Act 2005 Dividing Fences Act 1991

CASES CITED: Barker v Kyriakides [2007] NSWLEC 292

DATES OF HEARING: 20 August 2010

DATE OF JUDGMENT: 25 August 2010

APPLICANTS Mr J Johnson, barrister LEGAL REPRESENTATIVES: RESPONDENTS Mr P Ludemann, solicitor Ballidu Legal

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE SC GALWEY AC

25 August 2010

10/20398 Inbari & anor v Rankin

JUDGMENT 1 THE COMMISSIONERS: This is an application made pursuant to Part 2 of the Trees (Disputes Between Neighbours) Act 2006 (the Trees Act). The application seeks an order for the removal of a Liquidambar tree (Liquidambar styraciflua) (the tree) located on the boundary between the two properties in the Sydney suburb of Cremorne. The application also seeks an order for the reinstatement, after the tree is removed, of the dividing fence between the two properties. Although not expressly so put, the application would appear to also contemplate an order pursuant to s 13A of the Dividing Fences Act 1991 for the reinstatement of length of the fence that is not impacted by the tree – this approach confirmed and an offer was made by Mr. Johnson, barrister for Mr and Mrs Inbari, that Mr and Mrs Inbari were prepared to meet half the cost of reinstatement of that portion of the fence that was not affected by the tree.