Page v Lang [2012] NSWLEC 1205

Land and Environment Court New South Wales

Medium Neutral Citation: Page v Lang [2012] NSWLEC 1205 Hearing dates: 13 July 2012 Decision date: 13 July 2012 Jurisdiction: Class 2 Before: Galwey AC Decision: (1)The application is upheld in part. See para 25 of Judgment. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS): damage to property; risk of damage; risk of injury; pruning ordered; compensation ordered. Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Robson v Leischke [2008] NSWLEC 152 Category: Principal judgment Parties: David Page (Applicant)

Fay Marion Lang (Respondent) Representation: Mrs Page (Wife and agent) (Applicant)

Mr Lang (Husband and agent) (Respondent) File Number(s): 20382 of 2012

Judgment

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1ACTING COMMISSIONER: The landscape of suburban Warrawee is dominated by large trees. Mr Page says his property has been damaged by limbs falling from one such tree that grows on an adjoining property, resulting in some expense to himself. He is also concerned that other limbs may fall from the tree, posing a risk of further damage and of injury. Under the Trees (Disputes Between Neighbours) Act 2006 he has applied for orders for compensation and for the tree to be pruned and maintained. He also seeks orders for an annual termite inspection. 2Mrs Lang has obtained a permit from Ku-Ring-Gai Council for tree pruning works but wants Mr Page to pay half of the cost of those works. 3The issues to be determined are: * Does the Court have jurisdiction to make orders? * What amount of compensation, if any, would be appropriate to remedy any loss incurred by Mr Page? * What works are required, if any, to prevent the tree causing damage to Mr Page's property, or causing injury, and how should those works be carried out? * How should the cost of any tree works be apportioned?