Badolato v Terry [2009] NSWLEC 1021

Land and Environment Court of New South Wales

CITATION : Badolato v Terry [2009] NSWLEC 1021

APPLICANT Robert and Rochelle Badolato PARTIES : RESPONDENT Rae Terry

FILE NUMBER(S) : 21149 of 2008

CORAM: Thyer AC

KEY ISSUES: TREES (NEIGHBOURS) :- Leighton Green Ledge, Damage to fence, Restriction of light

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 15/01/2009

EX TEMPORE JUDGMENT DATE : 15 January 2009

APPLICANT Robert and Rochelle Badolato, litigants in person LEGAL REPRESENTATIVES:

RESPONDENT Rae Terry

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Thyer AC

15 January 2009

21149 of 2008

Robert and Rochelle Badolato v Rae Terry

JUDGMENT The extemporaneous decision was given on 15 January 2009. This written judgment includes the findings given on-site, relevant observations and background information. 1 ACTING COMMISSIONER: Mr and Mrs Badolato are the owners of 20 Griffith Avenue, North Bondi. They claim that five Leighton Green Cypress trees (Cupressocyparis leylandii) growing in the backyard of the adjoining property to the west have damaged the dividing fence, prohibit construction of a new fence, are restricting light to their property, may have caused a blockage in their sewer, should be kept pruned to the boundary, and that the trees may be dieing due to overshadowing by a fig tree.

2 Mr and Mrs Badolato seek orders for removal of the five trees and replacement of the fence with a lapped and capped, termite proof fence 2 m tall. They also seek orders for pruning of a Fig tree.