Libbesson & anor v Martin & anor [2013] NSWLEC 1242

Land and Environment Court New South Wales

Medium Neutral Citation: Libbesson & anor v Martin & anor [2013] NSWLEC 1242 Hearing dates: 4 December 2013 Decision date: 24 December 2013 Jurisdiction: Class 2 Before: Fakes C; Galwey AC Decision: See paragraph [77] Catchwords: TREES [NEIGHBOURS] Damage to property; potential injury; compensation Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Hinde v Anderson & anor [2009] NSWLEC 1148 Robson v Leischke [2008] NSWLEC 152; (2008) LGERA 280 Smith & Hannaford v Zhang & Zhou [2011] NSWLEC 29 Yang v Scerri [2007] NSWLEC 592 Category: Principal judgment Parties: Vicki and Graham Libbesson (Applicants) Robert and Freida Martin (Respondents) Representation: Applicants: Mr C Shaw (Solicitor) Respondents: Mr D Legg (Solicitor) Applicants: Shaw Reynolds Lawyers Respondents: Burridge & Legg Solicitors File Number(s): 20651 of 2013

Judgment 1COMMISSIONERS: The applicants own a property in Killara. In February this year, a branch fell from an overhanging tree and punctured the roof and ceiling of their dwelling. 2The applicants have applied under s 7, Part 2 of the Trees (Disputes Between Neighbours) Act 2006 (the Act) for orders seeking the removal of three trees growing on the adjoining property. They are also seeking compensation of $500 being the excess paid to their insurance company as a consequence of roof and ceiling repairs necessitated by the branch failure. The application is made on the basis of past damage as well as potential future damage or injury.