Jurd & Anor v Belonga Pty Ltd [2012] NSWLEC 1153

Land and Environment Court New South Wales

Medium Neutral Citation: Jurd & Anor v Belonga Pty Ltd [2012] NSWLEC 1153 Hearing dates: 7 June 2012 Decision date: 07 June 2012 Jurisdiction: Class 2 Before: Galwey AC Decision: (1)Within 14 days of the date of these orders both parties are to obtain at least one quote to remove the common boundary fence at the rear of the two adjoining properties, from the newer fence near the rear corner of the applicant's dwelling to the rear boundary, and to replace it with a 1.5 metre colourbond fence similar to the section of fence between the dwellings. (2)Within 14 days of the date of these orders the two parties are to agree on the quote to be accepted. If they cannot agree, the applicant may choose the quote to be accepted. (3)The selected fencing contractor is to be engaged by the parties to remove and replace the fence as described above in (1) within 60 days of the date of these orders. (4)Both parties are to provide all access required for the works. (5)The parties are to share equally the cost of the fencing works in (1). Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS): damage to property; risk of injury; tree has been removed; orders for fencing works. Legislation Cited: Dividing Fences Act 1991 Trees (Disputes Between Neighbours) Act 2006 Category: Principal judgment Parties: Mr Trevor Jurd & Mrs Pamela Jurd (Applicants)

Belonga Pty Ltd (Respondent) Representation: Mr Jurd - litigant in person (Applicant)

No appearance (Respondent) File Number(s): 20225 of 2012