Peck v Matar [2012] NSWLEC 1037

Land and Environment Court New South Wales

Medium Neutral Citation: Peck v Matar [2012] NSWLEC 1037 Hearing dates: 9 February 2012 Decision date: 09 February 2012 Jurisdiction: Class 2 Before: Galwey AC Decision: (1) The applicant is to engage and pay for a qualified (minimum AQF Level 3) horticulturist or arborist to cut at the boundary any roots coming from the neighbouring Weeping Fig trees. The roots are not to be poisoned. These works are to be completed within 30 days of the date of these orders. (2) Within 30 days of the date of these orders, the applicant is to obtain and provide to the respondent two quotes to make good or repair the WC wall within one metre of the external doorway. (3) Within 30 days of the date of these orders, the respondent is to obtain two quotes to make good or repair the WC wall within one metre of the external doorway. (4) On reasonable notice and at a reasonable time of the day, the applicant is to provide access for the tradespeople or builders chosen by the respondent to quote on the works. (5) The respondent is to select one of the four quotes from (2) and (3) and notify the applicant of her choice within 45 days of the date of these orders. (6) The applicant is to engage and pay for the chosen tradesperson to carry out the works within 3 months of the date of these orders. (7) The applicant is to provide the respondent with a copy of the paid invoice within one week of completion of the works. (8) The respondent is to pay the applicant 50% of the invoice amount within two weeks of receipt of the paid invoice. (9) If orders (6) and (7) are not complied with, order (8) lapses. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS): damage to property; compensation ordered. Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Category: Principal judgment Parties: Mrs Lilian Peck (Applicant)