Worthing v Medojevic [2011] NSWLEC 1052

Land and Environment Court New South Wales

Medium Neutral Citation: Worthing v Medojevic [2011] NSWLEC 1052 Hearing dates: 2 March 2011 Decision date: 02 March 2011 Jurisdiction: Class 2 Before: Galwey AC Decision: (1) The application to prune the tree is dismissed. (2) The application for compensation is upheld in part. (3) The applicants are to organise and pay for repair to their driveway (removal of uneven pavers, cutting of roots, replacing pavers on a level surface). (4) The respondent is to pay to the applicants a sum of $110 within 14 days of being notified that the works have been completed. (5) If the works in Order 3 are not carried out within 6 weeks of the date of these orders, Order 4 lapses. Catchwords: TREES [NEIGHBOURS]; damage to property, injury to persons; compensation Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Category: Principal judgment Parties: G and R Worthing (Applicants) B Medojevic (Respondent) Representation: G and R Worthing [litigants in person] (Applicants) B Medojevic [litigant in person] (Respondent) File Number(s): 20861 of 2010

Judgment This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1ACTING COMMISSIONER: This is an application pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 (the Act) made by the owners of a property in Willoughby against the owner of a tree growing on an adjoining property. 2In their application the applicants sought pruning of the tree, removal of tree roots and compensation for repair to damaged paving and for potential damage to their garage. 3The respondent wishes to retain the tree. 4I note that since the application was served on the respondent, the respondent has undertaken pruning of the tree, removing all branches overhanging the common boundary, and cutting a large root between the base of the tree and the common boundary.