Khosravi v Connolly & anor [2013] NSWLEC 1122

Land and Environment Court New South Wales

Medium Neutral Citation: Khosravi v Connolly & anor [2013] NSWLEC 1122 Hearing dates: 10 July 2013 Decision date: 10 July 2013 Jurisdiction: Class 2 Before: Fakes C Decision: Appeal upheld in part; part compensation ordered for the replacement of one section of path Catchwords: TREES [NEIGHBOURS] Damage to property; injury to persons; compensation for damaged property Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Hinde v Anderson & anor [2009] NSWLEC 1148 Liang & anor v Marsh & anor [2011] NSWLEC 1026 McCallum v Riodan & anor [2011] NSWLEC 1009 Smith & Hannaford v Zhang & Zhou [2011] NSWLEC 29 Zangari v Miller (No 2) [2010] NSWLEC 1093 Category: Principal judgment Parties: Mr A Khosravi (Applicant) Mr M and Mr K Connolly (Respondents) Representation: Applicant: Mr Khosravi (Litigant in person) Respondents: Mr and Mrs Connolly (Litigants in person) File Number(s): 20247 of 2013

Judgment This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1COMMISSIONER: This is an application pursuant to s7 Part 2 of the Trees (Disputes Between Neighbours) Act 2006 (the Act) made by the owner of a property in Claremont Meadows against the owners of trees growing on an adjoining property. 2The applicant is seeking compensation of $4260 for the replacement of a concrete path including the construction of a 500mm deep concrete root barrier, repair of a panel of metal fence, and repair of a gate. The applicant contends that these repairs are necessary because of damage caused by four of the respondents' trees. The applicant is also concerned that roots have lifted the concrete resulting in a potential trip hazard from which injury may arise. 3The trees the subject of the application are T1 - Banksia sp, T2 - Leptospermum sp, T3 - Photinia sp; and T4 - Callistemon sp. They are growing in a retained garden bed along the western boundary of the respondents' property. 4The trees are four of many trees and shrubs planted in about 1998 some four years or so after the respondents moved into their newly constructed dwelling. The trees and associated retaining walls and edging were professionally installed.