Machin v Moratelli [2014] NSWLEC 1049

Land and Environment Court New South Wales

Medium Neutral Citation: Machin v Moratelli [2014] NSWLEC 1049 Hearing dates: 24 February 2014 Decision date: 19 March 2014 Jurisdiction: Class 2 Before: Fakes C Decision: See paragraph [58] of this judgment Catchwords: TREES [NEIGHBOURS] Damage to property, potential injury Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Barker v Kyriakides [2007] NSWLEC 292 Kellock v Callinan; Le Poidevin v Callinan [2013] NSWLEC 1006 Moroney v John [2008] NSWLEC 32 Theuma & anor v Di Bella & anor [2013] NSWLEC 1156 Category: Principal judgment Parties: Mr J Machin (Applicant) Mr S Moratelli (Respondent) Representation: Applicant: Mr C Barnes (Solicitor) Respondent: Ms B Hay (Solicitor) Applicant: T.H. Walker Solicitors Respondent: Bronwyn Hay Solicitor & Attorney File Number(s): 20948 of 2013

Judgment 1COMMISSIONER: The applicant is seeking orders for the removal of a mature Harpephyllum caffrum (Kaffir Plum) growing in the north-western corner of the respondent's property. He is also seeking compensation for and or rectification of damage he says the tree has caused to his property. Apart from the alleged damage to his property, the applicant is also concerned that someone may be injured should a branch fall from the tree. 2The application is made under s 7 Part 2 of the Trees (Disputes Between Neighbours) Act 2006 (the Act). 3The respondent values the tree and does not want to remove it.