Crowley v Phillips-Skeer Pty Ltd [2012] NSWLEC 1066

Land and Environment Court New South Wales

Medium Neutral Citation: Crowley v Phillips-Skeer Pty Ltd [2012] NSWLEC 1066 Hearing dates: 8 March 2012 Decision date: 08 March 2012 Jurisdiction: Class 2 Before: Galwey AC Decision: (1) The respondent is to remove all bamboo from the narrow bed along the common boundary with the applicants' property, to the northern end of the applicants' property, within 40 days of the date of these orders. (2) The applicants are to remove all bamboo within their property within 30 days of the date of these orders. (3) The applicants are to obtain three quotes from fencing contractors for replacing the section of wooden fence along the common boundary between the applicants' and respondent's properties, and for making good the section of brush fencing at the southern end, and provide such quotes to the respondent within 30 days of the date of these orders. (4) Within seven days of receiving the quotes from the applicants the respondent is to select one of the quotes and notify the applicants of her choice. (5) The applicants are to contact the selected fencing contractor and book the works, which are to be completed within 120 days of the date of these orders. (6) The respondent and the applicants are each to pay the fencing contractor 50% of the quoted sum for the works. (7) The applicants are to remove any bamboo that regrows on their property. (8) The respondent is to remove any bamboo that regrows in that part of the garden bed that adjoins the boundary with the applicants' property. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS): damage to property; removal ordered; fence to be replaced. Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Category: Principal judgment Parties: Debbie and Brett Crowley (Applicant)